JunRN
09-12 08:43 PM
It seems USCIS wants to make money through MTR. $585 to file MTR.
snathan
03-21 04:07 PM
Again, Thanks a bunch Desi3933. My case is pretty much same as 'Scenario 1' in this Murthy document.
Desi3933 cleared the 99% of the cloud surrounded this issue by pointing to murthy.com (I maintained valid status with 'Employer #2' and this doc says I am good to go). Thank you very much Desi3933.
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
Come on man....there is nothing called transfer. Every H1B is new. Only thing is its not counted against the cap when you change the employer.
Desi3933 cleared the 99% of the cloud surrounded this issue by pointing to murthy.com (I maintained valid status with 'Employer #2' and this doc says I am good to go). Thank you very much Desi3933.
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
Come on man....there is nothing called transfer. Every H1B is new. Only thing is its not counted against the cap when you change the employer.
Tshelar
05-18 08:29 AM
Sent to Sen. Bond, Sen. McCaskill and Rep. Akin.
ak27
12-01 08:57 AM
You are right about utilizing this time to increase skill portfolio. I have done it and many folks like us may doing it. But, it does not help in improving our situations because we are tied to our current jobs and employers which inhibits us from taking advantage of additional educations and skills.. However, people waiting for GC and are in last leg of GC journey should certainly consider it.
more...
gcnotfiledyet
06-12 03:16 PM
Problems will not go away. Such incidents may happen elsewhere or in the same place.
If Air France was genuine they should have made everyone stay in the same place or atleast talk to theie department of immigration and arrange a temporary supervised visa and take all people to the hotel.
They just did not care
Can't agree with you more. Screw them and never fly with them. Then they will realize what it means. I don't see any issues with on spot transit visas in such circumstances. What if there was a terrorist attack on airport? They will still ask for transit visas for Indians to get outside airport? Best is avoid Europe at all costs and fly direct. Avoid any city in between including middle eastern cities.
If Air France was genuine they should have made everyone stay in the same place or atleast talk to theie department of immigration and arrange a temporary supervised visa and take all people to the hotel.
They just did not care
Can't agree with you more. Screw them and never fly with them. Then they will realize what it means. I don't see any issues with on spot transit visas in such circumstances. What if there was a terrorist attack on airport? They will still ask for transit visas for Indians to get outside airport? Best is avoid Europe at all costs and fly direct. Avoid any city in between including middle eastern cities.
zico123
06-22 06:30 PM
However, she never got the aprroval notice for the second H1B application. Actually this case is currently still pending.
There is a possibility that
- approval notice might be lost in mail
- uscis misplaced her file
Check with uscis what happened to her application for transfer and you might have to contact attorney depending on uscis' answer.
There is a possibility that
- approval notice might be lost in mail
- uscis misplaced her file
Check with uscis what happened to her application for transfer and you might have to contact attorney depending on uscis' answer.
more...
columban
06-09 03:55 AM
You definitely raise an interesting case. What I would say to that is that they just have to reevaluate the points allocation system. the details of the point allocation system may be bad but the overall intent still stands to benefit the highly educated while including the EB system as well will make sure less skilled but in demand people are also taken care off. handling family based GC is a whole diff ball game though.
justice4all
07-21 09:28 PM
HI RISKER I GOT FEW QUESTIONS. THESE QUESTIONS MAY WELL BE ASKED BY DEFENDATS(DOL) WHEN YOU FILE LAWSUIT.
1. WHY DIDNT YOU UPDATE TO PERM LABOR WHILE RETAINING PRIORITY DT
2. DID YOU CONSIDER RIR AND REGUALR CASES DIFFERENCES WHEN ARE SUEING FOR FIFO
3. DID YOU FIND PEOPLE FROM THE SAME COMPANY WITH DIFFERENT FILING DATES APPOVED NEW AHEAD OF OLD FILING DATE( THIS WOULD GIVE YOU A STRONG REASONING WHEN YOU WANT TO SUE). COMPANYS PROFILE CAN INFLUENCE A LOT ON DECISION MAKING EX.. MICROSOFT VS DESI COMPANY.
4. HOW MANY CASES YOU HAVE STUDIED FOR VIOLATION FIFO. COLLECT DATA FROM BEC APPROVED PEOPLE AND THE PEOPLE STILL STUCK THERE.
I WHOLEHEARTEDLY AGREE THE INJUSTICE DONE BY DOL. HEY BUT BEFORE JUMPING THE GUN GET YOUR AMMUNITION READY THEN CONTACT CORE AND THEN SEE FROM THERE.....
GOOD LUCK
Hi mallikonnet,
I THINK YOU CANT RETAIN THE PRIORITY DATE WHEN YOU APPLY FOR PERM.
WE ARE TALKING ABOUT THE TRADITIONAL CASES HERE FOR FILING. SOME CASES FROM THE SAME EMPLOYER WITH PD 2005 ARE TAKEN BEFORE WITH PD 2003.
1. WHY DIDNT YOU UPDATE TO PERM LABOR WHILE RETAINING PRIORITY DT
2. DID YOU CONSIDER RIR AND REGUALR CASES DIFFERENCES WHEN ARE SUEING FOR FIFO
3. DID YOU FIND PEOPLE FROM THE SAME COMPANY WITH DIFFERENT FILING DATES APPOVED NEW AHEAD OF OLD FILING DATE( THIS WOULD GIVE YOU A STRONG REASONING WHEN YOU WANT TO SUE). COMPANYS PROFILE CAN INFLUENCE A LOT ON DECISION MAKING EX.. MICROSOFT VS DESI COMPANY.
4. HOW MANY CASES YOU HAVE STUDIED FOR VIOLATION FIFO. COLLECT DATA FROM BEC APPROVED PEOPLE AND THE PEOPLE STILL STUCK THERE.
I WHOLEHEARTEDLY AGREE THE INJUSTICE DONE BY DOL. HEY BUT BEFORE JUMPING THE GUN GET YOUR AMMUNITION READY THEN CONTACT CORE AND THEN SEE FROM THERE.....
GOOD LUCK
Hi mallikonnet,
I THINK YOU CANT RETAIN THE PRIORITY DATE WHEN YOU APPLY FOR PERM.
WE ARE TALKING ABOUT THE TRADITIONAL CASES HERE FOR FILING. SOME CASES FROM THE SAME EMPLOYER WITH PD 2005 ARE TAKEN BEFORE WITH PD 2003.
more...
spicy_guy
05-17 06:03 PM
Done.
I think its a good idea to post this link to some other active immigration forums so we can grab some more interested interested prospective immigrants.
I think its a good idea to post this link to some other active immigration forums so we can grab some more interested interested prospective immigrants.
paskal
07-18 10:43 PM
even though I am in EB2..from my personal experience, the kind of IT contracts/jobs/assignments we (most of us) do, I dont think there is anything that an EB2 qualified can do which EB3 cannot do.
i would be very careful about making such an argument.
if this is true in IT then the opposite argument is perfectly valid (and that is the one USCIS/DOL will accept) - that the folks in EB2 are not doing a job that needs an advanced degree and they should be in EB3.
and if this is true:
"If the requirement is genuine then it is ok to give priority to EB2. But in reality(mainly consulting companies) the job requirement is decided mostly in Lawyers office or by candidate just because candidate has
master degree or 5 years experience."
then maybe applicants and their employers should start shouldering some of the blame for the current backlog instead of blaming everyone else.
i have no personal knowledge of this. in my field, there is no question that an advanced degree in needed. in fact, something well beyond it is the standard qualification.
i would be very careful about making such an argument.
if this is true in IT then the opposite argument is perfectly valid (and that is the one USCIS/DOL will accept) - that the folks in EB2 are not doing a job that needs an advanced degree and they should be in EB3.
and if this is true:
"If the requirement is genuine then it is ok to give priority to EB2. But in reality(mainly consulting companies) the job requirement is decided mostly in Lawyers office or by candidate just because candidate has
master degree or 5 years experience."
then maybe applicants and their employers should start shouldering some of the blame for the current backlog instead of blaming everyone else.
i have no personal knowledge of this. in my field, there is no question that an advanced degree in needed. in fact, something well beyond it is the standard qualification.
more...
chanduv23
06-12 03:22 PM
great job! I'm glad you let them know how you felt.
The reason why in today's world we always see Indians facing such problems right from Australia, here in the US, Gulf countries, European nations is because the mindset of these people is that "They deserve what they get they need not get better".
Why are our issues not getting resolved with retrogression??"We deserve what we get".
Remember what Mahatma Gandhi said to fellow Indians "To get independence from British, we must prove worthy of it"
How worthy are we? We are great scientists, researchers, doctors - tell me what not - highly educated, competitive ....
But we lack international PR skills, collectively we cannot achieve anything other than fighting among ourselves, we do not cooperate, we do not take rules seriously, we take things for granted, we compare among ourselves, .... list goes on.
Educated people must raise voice against any form of injustice. But can we all do it?
The reason why in today's world we always see Indians facing such problems right from Australia, here in the US, Gulf countries, European nations is because the mindset of these people is that "They deserve what they get they need not get better".
Why are our issues not getting resolved with retrogression??"We deserve what we get".
Remember what Mahatma Gandhi said to fellow Indians "To get independence from British, we must prove worthy of it"
How worthy are we? We are great scientists, researchers, doctors - tell me what not - highly educated, competitive ....
But we lack international PR skills, collectively we cannot achieve anything other than fighting among ourselves, we do not cooperate, we do not take rules seriously, we take things for granted, we compare among ourselves, .... list goes on.
Educated people must raise voice against any form of injustice. But can we all do it?
tonyHK12
03-28 08:43 PM
Brother Tony...just ignore him..he is a frustrated coward. These kind of people become brave in forums...I real life they are the most nicest people. Let him feel that he is the man.
MC
Yes the amazing keyboard tigers.
MC
Yes the amazing keyboard tigers.
more...
mallu
03-24 11:05 AM
It's really meaningless for you to keep talking about "too many here from EU". ......
No . I don't think it is meaningless. It is just a reminder to those who boarded here earlier ( not too in the distant past , say before 200 years ) and now concerned about controlling diversity .
.....
When this country starts the immigration law, does the law say only people from Asia is limited to 7% and not for people from EU ?
......
It doesn't matter if 7% is applied now to some of EU. Already many are significantly represented.
I perfectly understand. Those who got earlier ganged togoether and devised 'beatiful' laws that fits 'them', telling others 'Hey, the gates closed, right behind us' .
No . I don't think it is meaningless. It is just a reminder to those who boarded here earlier ( not too in the distant past , say before 200 years ) and now concerned about controlling diversity .
.....
When this country starts the immigration law, does the law say only people from Asia is limited to 7% and not for people from EU ?
......
It doesn't matter if 7% is applied now to some of EU. Already many are significantly represented.
I perfectly understand. Those who got earlier ganged togoether and devised 'beatiful' laws that fits 'them', telling others 'Hey, the gates closed, right behind us' .
vamsi_poondla
09-05 01:05 PM
You should see all that in the homepage...
more...
Openarms
03-07 02:27 PM
oooohhhhh by the way they never should ask money for this public service. They are just playing with us. There are similar things happened with USCIS and they got strong and angry reply from congress in the past. That is why we collectively need to contact congress...I wonder why IV is not forth forward in this effort from the gecko???
prince_charming
09-12 11:50 PM
Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.
For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.
For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.
more...
dallasdude
06-01 11:29 AM
Isnt this Ironic that Air France Flight went missing on coast of Brazil.
I think someone up in the sky has whipped at Air France.
Hope you meant it in humor. If not you need to go to therapy. Well, on second thought no one can even think about this in humor.
I think someone up in the sky has whipped at Air France.
Hope you meant it in humor. If not you need to go to therapy. Well, on second thought no one can even think about this in humor.
dotnetguru
06-26 12:00 PM
Mirage..you are absolutely right...i paid 765$ as per old fees for I485,EAD,AP. the new fees for I485 is 1010$ and EAD,AP can be concurrently filed with no fees.also, since I485 is filed with new fees there will be no fees for renewals.so, basically 1010$ one time fee with the new fees structure and 765$+645$(EAD+AP) with every renewal every year.(if it becomes 2 years then for every 2 years).i wish i had paid thru new fees.this is completely unfair and big BS......
my 10 cents to this discussion.
my 10 cents to this discussion.
Robert Kumar
03-28 07:08 PM
Can you please tell me what is a Green Card.. :)
Now, lets stop all the hate we wer showing and see if somehting good can be done for all.
Now, lets stop all the hate we wer showing and see if somehting good can be done for all.
nrakkati
03-21 12:04 AM
>> I-797 dates for Employer 2 and X
>> MAR-2005 and JUL-2006
What is the date range for these two employers?
I-797 notice always has date range for its validity.
Employer 2
MAR-2005 to MAR-2008
Employer X
JUL2006 to JUL-2009
Applied 485 in JUL-2007
Applied EAD in JUL-2007 along with 485. Valid from 09-2007 to 09-2008
Applied another EAD in 2008 before 1st EAD expires, which is good until 2010
thank you.
>> MAR-2005 and JUL-2006
What is the date range for these two employers?
I-797 notice always has date range for its validity.
Employer 2
MAR-2005 to MAR-2008
Employer X
JUL2006 to JUL-2009
Applied 485 in JUL-2007
Applied EAD in JUL-2007 along with 485. Valid from 09-2007 to 09-2008
Applied another EAD in 2008 before 1st EAD expires, which is good until 2010
thank you.
gg_ny
09-20 02:27 PM
Forming human chain may involve actually holding hands.. and might turnout to be unhygienic to many. How about hunger strike - for a day or two - and it is also good for health. A better option would be -DONATE a day's salary to IV on a particular day..I am in for it: Nov 9th?
I am not being jsut sarcastic here: just curious to know, of the 20K+ people who had directly benefited by IV between July 17 and Aug 17, how many were there in the rally? July fiasco is the one that has made many immi community professionals to look up to IV mainly because PEOPLE directly benefited from IV's efforts. Still it would be worthwhile to analyze the response and attitudes of IV users/members in general, and fiasco beneficiaries in particular, before getting carried away by the euphoria of the moment to plan for rallies in state capitals, SFO etc.
Just because you can go on a city's roads with permission, does not mean that you should do it compulsively nor over do it. SJ and DC rallies made the point: caught the media and lawmakers' attention. Do one every month, then it will be a joke.
I am not being jsut sarcastic here: just curious to know, of the 20K+ people who had directly benefited by IV between July 17 and Aug 17, how many were there in the rally? July fiasco is the one that has made many immi community professionals to look up to IV mainly because PEOPLE directly benefited from IV's efforts. Still it would be worthwhile to analyze the response and attitudes of IV users/members in general, and fiasco beneficiaries in particular, before getting carried away by the euphoria of the moment to plan for rallies in state capitals, SFO etc.
Just because you can go on a city's roads with permission, does not mean that you should do it compulsively nor over do it. SJ and DC rallies made the point: caught the media and lawmakers' attention. Do one every month, then it will be a joke.
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