a2006
06-12 09:17 PM
IV core,
Keep up the good work. We have seen a lot of people asking for "action","results" and "transparency" in the past without doing really anything for it .:-)
Keep up the good work. We have seen a lot of people asking for "action","results" and "transparency" in the past without doing really anything for it .:-)
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roseball
02-12 02:05 AM
**************
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
mariner5555
05-02 05:15 AM
https://www.cia.gov/library/publications/the-world-factbook/countrylisting.html
GDP - per capita: India $2,700, US - $46,000
GDP total: $1.09 trillion v. $13.79 trillion
Inflation rate: 5.9% v. 2.7%
growth rate: 8.5% v. 2.2%
It may make sense for you, I am not completely aware of the situation in India. I agree that the situation with GC is bad for EB3 India, but I think there are plenty of opportunities here as well. Just do not base your decision on emotions, keep your cool...comparing India and US by GDP does not make sense.(it is like comparing heaven and earth ..but though US may be rich ..the question is are you becoming rich here ..which varies from person to person) actually when you make a decision to go back ..the question to ask if do I have a better future in India or US. India is growing but you have rotten, stupid, dumbF, (you can keep adding adjectives here) politicians ..just see the recent quota policy endorsed by none other than Manmohan singh.
but if you feel family ties are more important, children will get better education in India //then make a move. but it is one way street as far as US is concerned ..because it is next to impossible to come back and start over again ..the good thing is US is losing its sheen while India is getting better in terms of jobs and other countries are becoming more welcome.
for many ..quality of life in India is much better (in terms of social / party life) ..and I guess they know how to play the system. one of my friends who is a US citizen ..is completely relocating to Pune ..taking with him 20 years of savings / investment ..
GDP - per capita: India $2,700, US - $46,000
GDP total: $1.09 trillion v. $13.79 trillion
Inflation rate: 5.9% v. 2.7%
growth rate: 8.5% v. 2.2%
It may make sense for you, I am not completely aware of the situation in India. I agree that the situation with GC is bad for EB3 India, but I think there are plenty of opportunities here as well. Just do not base your decision on emotions, keep your cool...comparing India and US by GDP does not make sense.(it is like comparing heaven and earth ..but though US may be rich ..the question is are you becoming rich here ..which varies from person to person) actually when you make a decision to go back ..the question to ask if do I have a better future in India or US. India is growing but you have rotten, stupid, dumbF, (you can keep adding adjectives here) politicians ..just see the recent quota policy endorsed by none other than Manmohan singh.
but if you feel family ties are more important, children will get better education in India //then make a move. but it is one way street as far as US is concerned ..because it is next to impossible to come back and start over again ..the good thing is US is losing its sheen while India is getting better in terms of jobs and other countries are becoming more welcome.
for many ..quality of life in India is much better (in terms of social / party life) ..and I guess they know how to play the system. one of my friends who is a US citizen ..is completely relocating to Pune ..taking with him 20 years of savings / investment ..
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sledge_hammer
04-15 10:32 AM
What a jerk your desi employer is. It makes me so angry that these scumbags are getting away doing these things.
First things first - deliver the baby. Take some of the suggestions given here by other members regarding insurance.
Once all this is done sue the hell out of your desi employer. There really isn't anything (I guess) you can do about your client. But you can definitely take your desi employer to court for terminating your employment. These guys deserve to pay a hefty fine and lose their business license!
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
First things first - deliver the baby. Take some of the suggestions given here by other members regarding insurance.
Once all this is done sue the hell out of your desi employer. There really isn't anything (I guess) you can do about your client. But you can definitely take your desi employer to court for terminating your employment. These guys deserve to pay a hefty fine and lose their business license!
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
more...
vidyakulkarni
02-01 02:21 PM
If I use my AP , what documents I need to carry? original 485 reciept? my original receipt is with lawer, he send me photocopy.
gc_coming
09-24 01:03 PM
Thanks Superdoc for your response. Can i continue working on EAD while my 485 is pending ?
This is what Murthy forum says. "Attorney Murthy : Well, if the I-485 is reopened and the USCIS agrees that it was wrongfully denied, then one should be fine. On the other hand, if the I-485 denial is reaffirmed, then the USCIS could take the position that the EAD was not valid for employment authorization and the person worked without valid documents and, therefore, violated status and could be subject to removal. If one has an H1B petition approval, then there is some possible backup H1B status, in case the I-485 denial is reaffirmed. It also can depend upon the language in the I-485 denial, and whether there is a specific revocation of the EAD in the denial."
In my notice it doesn't mention anything about EAD.
Thanks
This is what Murthy forum says. "Attorney Murthy : Well, if the I-485 is reopened and the USCIS agrees that it was wrongfully denied, then one should be fine. On the other hand, if the I-485 denial is reaffirmed, then the USCIS could take the position that the EAD was not valid for employment authorization and the person worked without valid documents and, therefore, violated status and could be subject to removal. If one has an H1B petition approval, then there is some possible backup H1B status, in case the I-485 denial is reaffirmed. It also can depend upon the language in the I-485 denial, and whether there is a specific revocation of the EAD in the denial."
In my notice it doesn't mention anything about EAD.
Thanks
more...
n_2006
11-15 02:16 PM
This site and IV team is helping many people and many ways. So please contribute for our own cause.
Thanks Everybody..........for your suggestion and advice......you guys are great...
Thanks Everybody..........for your suggestion and advice......you guys are great...
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pappu
10-11 08:35 PM
Sent above to - letters@economist.com and
also to submit_help@aaas.org
thank you nycgal and jonty for taking lead on this one and sending mails to the editor.
only 2 people sent the mail in one day!!
This work does not even take 3 minutes and we have such a low turnout.:(
also to submit_help@aaas.org
thank you nycgal and jonty for taking lead on this one and sending mails to the editor.
only 2 people sent the mail in one day!!
This work does not even take 3 minutes and we have such a low turnout.:(
more...
rb_248
01-15 08:19 AM
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20090080116&ch=1/15/2009%202:59:00%20PM
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tooclose
08-12 01:27 PM
... Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06 ...
tooclose -
Can you post the link to the page on the USCIS site which says so?
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
tooclose -
Can you post the link to the page on the USCIS site which says so?
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
more...
northstar
08-11 12:42 AM
One thing that forces you to believe its true is the date itself, why 8 MAY ? it somehow paints a picture that somebody did calculated the remaining visa numbers and arrived at the exact comfortable date. Guys, chances are its fake, but you never know. :)
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saileshdude
02-06 02:30 PM
vinod,
Few days ago, the IV team was looking for genuine people who got their I-485 denied because of AC21 issues. You should try to contact them. They will be able to help you out.
Also try to write to Ombudsman of the wrongful denial. This is all if indeed your AOS was denied because of I-140 revocation and pending AOS after 180 days.
Can I ask you something? Is your case a labor substitution ? If it is,I know that if the company tries subsitute a labor for a person whose moved using AC21 for another person that is not allowed.
Few days ago, the IV team was looking for genuine people who got their I-485 denied because of AC21 issues. You should try to contact them. They will be able to help you out.
Also try to write to Ombudsman of the wrongful denial. This is all if indeed your AOS was denied because of I-140 revocation and pending AOS after 180 days.
Can I ask you something? Is your case a labor substitution ? If it is,I know that if the company tries subsitute a labor for a person whose moved using AC21 for another person that is not allowed.
more...
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redcard
02-19 12:49 PM
Do you know how much more the premium would be for this product compared to regular term? I am guessing a lot more. In that case whole life is better where the cash value generated would pay much more after 30 years based on a low 5.5 - 6% estimated annual return. But of course it is for folks who will stay in US at least 15 years+ because after 15 yeras the Cash Value could itself pay for the permium and you do not have to pay any more premuims unless you wish to boost the Cash Value further.
Its not a lot more.. about $200 more per year.. ... but atleast you get back all your money..
Its not a lot more.. about $200 more per year.. ... but atleast you get back all your money..
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zoho
08-28 07:54 PM
My wife has h4 visa till 2010.
Her AP is going to expire in october and planning to go to india soon.
Can she go to india after applying for AP renewal.
Applying for her AP because if my i 485 got approved and her's will be pending,then her h4 visa will automatically get cancelled which prevents from entering into US.
Please advice guys
Her AP is going to expire in october and planning to go to india soon.
Can she go to india after applying for AP renewal.
Applying for her AP because if my i 485 got approved and her's will be pending,then her h4 visa will automatically get cancelled which prevents from entering into US.
Please advice guys
more...
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gkdgopi
10-05 10:23 AM
:)Good to see something happening.
Good job IV!
Good job IV!
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redds777
05-06 11:07 AM
I have fileld in the form and lookforward to see a lot of skilled guys there . If yo have not yet signed in , please sign in . lets make this drive a success.
Thanks Pappu and IV
Thanks Pappu and IV
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gunsnkars
07-19 02:05 PM
// you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!! //
Only use applying for 485 now single is to be eligible to apply for EAD anytime. And if your spouse decides to study (F1) or work (H1), you can apply and get your EAD and use it. Once the PDs become Current, you can add her case (AOS) and her EAD too at that time.
If you think that your spouse would remain on H4 no matter what, then you are correct, there is no use filing 485 alone now.
What say ???
"you can apply and get your EAD and use it" what does that mean???your wife can still change her status after coming here on H-4 irrespective of whether you have applied/not applied your 485. EAD is of no use to you coz u r already working...It is only of good use if your wife can work!!!
Only use applying for 485 now single is to be eligible to apply for EAD anytime. And if your spouse decides to study (F1) or work (H1), you can apply and get your EAD and use it. Once the PDs become Current, you can add her case (AOS) and her EAD too at that time.
If you think that your spouse would remain on H4 no matter what, then you are correct, there is no use filing 485 alone now.
What say ???
"you can apply and get your EAD and use it" what does that mean???your wife can still change her status after coming here on H-4 irrespective of whether you have applied/not applied your 485. EAD is of no use to you coz u r already working...It is only of good use if your wife can work!!!
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WeShallOvercome
11-07 02:07 PM
Does any of you trade in Indian shares? If so, did you have to open the PIS NRE account to do trading in Indian shares ? I heard that NRI from USA can not use the normal demat account to do the trading in secondary market in India.
Thanks,
Miththoo
I have a trading account with IB, which I opened about 3 years ago. But now they need all trading account holders to provide their PAN information. They can not sell or purchase without that. My account is also in a suspended state becaus eof that(Good that I could not sell them,,, they are all about 3 times now :) )
I've applied for PAN and asked IB to provide info on what I need to do to convert my regular account to an NRI account.
Thanks,
Miththoo
I have a trading account with IB, which I opened about 3 years ago. But now they need all trading account holders to provide their PAN information. They can not sell or purchase without that. My account is also in a suspended state becaus eof that(Good that I could not sell them,,, they are all about 3 times now :) )
I've applied for PAN and asked IB to provide info on what I need to do to convert my regular account to an NRI account.
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roseball
02-06 03:50 PM
Vinod,
This is the thread that was created by administrator.
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1059335-announcement-iv-would-like-to-help-with-ac21-cases.html#post1409417
You can try posting there or you can contact administrator.
Do keep us in the loop on what happens.
I would also check if your original GC sponsoring employer (Company A) is not involved in any fraud investigations by USCIS. In which case, USCIS can revoke an approved I-140 without any notice on the basis of fraud, which would automatically lead to your I-485 denial. I-140 online status may or may not change in such cases. Your case being in extended review is raising some flags. Do you know anything about the kind of extended review that was going on. Your lawyer on file, as well as you should get a copy of the notice. Make sure no communication was sent to the lawyer from Company A. Sometimes USCIS does not update the lawyer information even though a new G-28 is submitted. You will have to just wait for the denial notice. Send an email to info at immigrationvoice dot com so IV can get in touch with you to help.
This is the thread that was created by administrator.
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1059335-announcement-iv-would-like-to-help-with-ac21-cases.html#post1409417
You can try posting there or you can contact administrator.
Do keep us in the loop on what happens.
I would also check if your original GC sponsoring employer (Company A) is not involved in any fraud investigations by USCIS. In which case, USCIS can revoke an approved I-140 without any notice on the basis of fraud, which would automatically lead to your I-485 denial. I-140 online status may or may not change in such cases. Your case being in extended review is raising some flags. Do you know anything about the kind of extended review that was going on. Your lawyer on file, as well as you should get a copy of the notice. Make sure no communication was sent to the lawyer from Company A. Sometimes USCIS does not update the lawyer information even though a new G-28 is submitted. You will have to just wait for the denial notice. Send an email to info at immigrationvoice dot com so IV can get in touch with you to help.
srinivas_o
07-08 12:27 PM
Hello Gurus,
I too have changed employer (B) from july 1st and have not yet filed AC21.
I have contacted attorney (who filed my GC and I-485) and he said he needs an authorization email from my old employer (A) to proceed further. I have asked my "A" for the authorization email and he is acting like he is not getting my emails. He is not answering my phone calls, even by mistake if he answers my call he is saying he will call me back, but never called me. i dont know whether he will revoke the I-140 which was approved in around April 2007.
I don't know what exactly I need to do in this situation like to wait for old employers' call. He was very nice when I was his employee, but from the moment I left the company, he is a changed man.
What are my best choices in this situation?
BTW, I have paid all the legal expenses for H1s and GC processing.
Looking forward to Guru's replies....
I too have changed employer (B) from july 1st and have not yet filed AC21.
I have contacted attorney (who filed my GC and I-485) and he said he needs an authorization email from my old employer (A) to proceed further. I have asked my "A" for the authorization email and he is acting like he is not getting my emails. He is not answering my phone calls, even by mistake if he answers my call he is saying he will call me back, but never called me. i dont know whether he will revoke the I-140 which was approved in around April 2007.
I don't know what exactly I need to do in this situation like to wait for old employers' call. He was very nice when I was his employee, but from the moment I left the company, he is a changed man.
What are my best choices in this situation?
BTW, I have paid all the legal expenses for H1s and GC processing.
Looking forward to Guru's replies....
sparklinks
07-21 10:13 PM
Are we done Voting? If not please do it now
Can you add 2 votes to it, my friends submitted on July 2nd.
Can you add 2 votes to it, my friends submitted on July 2nd.
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