needhelp!
05-21 07:52 PM
Very good post and the answer is in the last part:
"the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."
I am not sure what what "renew 485" means though.
"the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."
I am not sure what what "renew 485" means though.
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greyhair
04-21 12:10 PM
greyhair - that was something i tried on my own and i have never represented IV.
you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.
this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.
Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.
I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.
this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.
Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.
I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
mchundi
02-16 05:04 PM
I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.
http://www.murthy.com/news/UDh1det.html
If the link fails I am reporducing the paragraph here: -
Major highlights of ACTA are listed below :
Per Country Quotas for Immigrant Visas
"Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."
Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
Good work jungalee32,
It is also part of our resource data base that sandeep compiled, where all these issues are clearly explained. That is why once we have the unused numbers it is like increasing the per country quota. It will bring the priority date to current for a couple of years(even if there are more cases than unused numbers with them. Just because they cannot process that faster)
--MC
http://www.murthy.com/news/UDh1det.html
If the link fails I am reporducing the paragraph here: -
Major highlights of ACTA are listed below :
Per Country Quotas for Immigrant Visas
"Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."
Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
Good work jungalee32,
It is also part of our resource data base that sandeep compiled, where all these issues are clearly explained. That is why once we have the unused numbers it is like increasing the per country quota. It will bring the priority date to current for a couple of years(even if there are more cases than unused numbers with them. Just because they cannot process that faster)
--MC
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gcformeornot
08-14 02:32 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
to send separate checks so they can generate LIN/SRC numbers against each application.:(
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
to send separate checks so they can generate LIN/SRC numbers against each application.:(
more...
aranya
07-01 11:42 AM
Thanks for your replies.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
tinamatthew
07-21 04:08 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
Are you planning on getting married? Even if you are when you get married, your spouse can file as a derivative and incase your green card is approved. Your spouse will have 180 days in which to apply (i-485).
Talk to your lawyer, it may make sense to file now!
Any ideas when can be the date current again(for my PD atleast)?
Are you planning on getting married? Even if you are when you get married, your spouse can file as a derivative and incase your green card is approved. Your spouse will have 180 days in which to apply (i-485).
Talk to your lawyer, it may make sense to file now!
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ArkBird
03-16 12:22 AM
For me it's hard to see the difference between both the jobs. Seems like both fall under same DOL code.
I would say don't worry and go for it. I have done switch from being programmer to DBA and I won't lose a single second of sleep on that.
hi,
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
I would say don't worry and go for it. I have done switch from being programmer to DBA and I won't lose a single second of sleep on that.
hi,
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
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fuzzy logic
07-01 12:47 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
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GCNirvana007
04-08 06:26 PM
As if your ID has any value?
Who cares about annonymous IDs anyways. :D:D:D
Thanks. Hope you get GC soon as well.
Who cares about annonymous IDs anyways. :D:D:D
Thanks. Hope you get GC soon as well.
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chanukya
05-23 07:35 AM
As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
CORNYN amendment�Very cleverly worded..Regarding US Masters and above...
On Careful reading of SA4005...
On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.
So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.
Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?
http://immigrationvoice.org/forum/at...6&d=1147880856
Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.
And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
CORNYN amendment�Very cleverly worded..Regarding US Masters and above...
On Careful reading of SA4005...
On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.
So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.
Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?
http://immigrationvoice.org/forum/at...6&d=1147880856
Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.
And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.
more...
dixie
02-10 07:30 PM
I agree - the UK govt's policy statement, at least on the doctor's issue was clear : "We had a shortage earlier, therefore we needed foreign doctors. The shortage no longer exists, so we no longer need you. Please leave before mm-dd-yyyy". Contrast that with the US govts "we love your brains but hate your bodies policy" .. on one hand corporations cannot do without foreign skilled labor, at the same time folks like Lou FOULMOUTH and his cronies in congress and elsewhere cannot do without bashing them. In the tug-of-war between these two parties, we are left to rot on the sidelines - neither kicked out, nor allowed a rightful place to progress in society. If thats the case, why don't they simply remove the dual intent clause (and all those 1-yr / 3yr dole-outs aka extensions) from the H1-B program ? Thats better than having to live 15 years on an H1-B.
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
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skagitswimmer
June 7th, 2005, 08:00 AM
Thanks again. What threw me was that even though the detail was blown there was lots of colour. It is not like when it gets blown to white by direct sunlight.
The shot we are all talking about was originally in RAW, by the way.
This is the time in a while that I have identified a problem that wouldn't be solved with a large expenditure of cash
The shot we are all talking about was originally in RAW, by the way.
This is the time in a while that I have identified a problem that wouldn't be solved with a large expenditure of cash