chanduv23
10-21 03:08 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
imm_pro
09-12 02:11 PM
Thanks IV...way to go.
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
reddog
03-12 03:09 PM
reddog, please explain how you have supported IV in the past in non-monetary ways. For lobbying, there is not much you can do other than support monetarily,or make trips to DC yourself.
I am sure IV core will at least consider such non-monetary support on case-by-case basis.
no, i am not going to switch to defensive mode. this is not about me.
I am sure IV core will at least consider such non-monetary support on case-by-case basis.
no, i am not going to switch to defensive mode. this is not about me.
legalVoice
05-03 09:56 AM
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.
In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?
My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.
I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.
In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?
My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.
more...
mirage
07-05 12:38 PM
Yes, They always do that. I did fill that form for my Senator and congressman when they did inquiry for my application in the backlog center.
I sent faxes to my senators and congressman on 2nd july. But haven't heard back from them. When they'll reply they will send me the same form.
I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?
I sent faxes to my senators and congressman on 2nd july. But haven't heard back from them. When they'll reply they will send me the same form.
I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?
ameryki
01-05 06:25 PM
I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped
more...
nixstor
04-02 12:31 PM
respecting policies and law is one thing.
lack of a good implementation plan and improvement over a number of years is another thing.
We can't just poke around an established government agency because we feel they are not doing their job properly.
What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.
I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.
lack of a good implementation plan and improvement over a number of years is another thing.
We can't just poke around an established government agency because we feel they are not doing their job properly.
What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.
I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.
ItIsNotFunny
07-06 02:25 PM
Guys,
Please stay away from hard language. Having suggestion for election is a completely acceptable but please lets not accuse anyone. If anyone needs accoutability, I don't IV Core people would have any issues to give you those in person. I know they are really really shy discussing them openly.
Please don't forget end goal, to have a fair GC process. Any suggestions for action items are encouraged like snathan has a nice action item suggested for visa re-stamping. Please support.
You don't need IV core's approval to do something good for community. They are only concerned when you use IV's name.
Please stay away from hard language. Having suggestion for election is a completely acceptable but please lets not accuse anyone. If anyone needs accoutability, I don't IV Core people would have any issues to give you those in person. I know they are really really shy discussing them openly.
Please don't forget end goal, to have a fair GC process. Any suggestions for action items are encouraged like snathan has a nice action item suggested for visa re-stamping. Please support.
You don't need IV core's approval to do something good for community. They are only concerned when you use IV's name.
more...
psam
08-12 07:06 PM
He has already been able to pass the law. Now whether he calls them chopshop or backtracks, or praises them.......it does not do anything. This will soon be a law.
Yes, the law doesn't change. But its less hurtful.
It would be equivalent of Indian minister calling Pepsi/Coke as poison sellers. (BTW, which they are)
Yes, the law doesn't change. But its less hurtful.
It would be equivalent of Indian minister calling Pepsi/Coke as poison sellers. (BTW, which they are)
p1234
09-13 07:39 PM
and which is why people are giving me reds! :D
I'm going to give you a green!
I'm going to give you a green!
more...
chanduv23
02-24 11:49 AM
The Congressional Hispanic Caucus has successfully blocked consideration of all immigration legislation until amnesty is brought up for a vote. Unless and until the issue of amnesty is resolved, we aren't going to see anything. On the other hand, if amnesty is voted down, then expect to see just about everything else passed.
The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.
The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!
Positive attitude and optimism helps the community but many a time the profit making motive of those in this business may want to create hope and sensationalism among the community for their own business interests - nothing wrong though, but people who are desperate, may percieve it in such a way that it is instant good news and glorify the messenger.
The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.
The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!
Positive attitude and optimism helps the community but many a time the profit making motive of those in this business may want to create hope and sensationalism among the community for their own business interests - nothing wrong though, but people who are desperate, may percieve it in such a way that it is instant good news and glorify the messenger.
Libra
09-15 08:34 PM
Today whole day i was busy bcoz of ganesh chathurthi......hope fund threads are doing good and thank you dvrao4 for the contributions. please attend rally we need people like you. thanks.
more...
mbawa2574
07-06 01:56 PM
Guys for sake of transparency and moving ahead with a change, we should hold elections for the core team. Lobbying efforts are not working at all.
harivenkat
05-06 06:16 PM
Called all senators some of them twice and talked to their staff
asking to support highly skilled worker immigration atleast some piecemeal.. also explained them our plight ... 10yrs still no GC
Everybody please call senators and make a difference
asking to support highly skilled worker immigration atleast some piecemeal.. also explained them our plight ... 10yrs still no GC
Everybody please call senators and make a difference
more...
legalVoice
05-03 09:56 AM
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.
In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?
My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.
I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.
In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?
My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.
svr_76
09-15 06:25 PM
Ramba - you seem to be working through a body-shopper as a plain consultant with restricted veritical movement in the organizational chain which implies your underlying assuption that if same org files multiple petitions for the same person.
In 2003, they were not able to skilled developer so file my eb3...now after one completes master's degree ..experience in other companies if they find that the cannot find experienced manager and after due recrutiment process find that one of their own employee is the best fit for that job.
So now u are saying that they should not do it? That will be a company discriminating against their own employees???
Comon...I thought guys from IT were logicall and brainy folks (and hence were grant EB2 category for their exceptional calibre)....guess thats wrong.
In 2003, they were not able to skilled developer so file my eb3...now after one completes master's degree ..experience in other companies if they find that the cannot find experienced manager and after due recrutiment process find that one of their own employee is the best fit for that job.
So now u are saying that they should not do it? That will be a company discriminating against their own employees???
Comon...I thought guys from IT were logicall and brainy folks (and hence were grant EB2 category for their exceptional calibre)....guess thats wrong.
more...
ind_game
05-13 11:15 PM
was ur first MTR denied in error?
as per you, your I-140 was never denied.
Here is the exact wording from NSC. I have deleted all the irrelevant matter
For I-485 Denial:
You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.
For first MTR Denial:
However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.
as per you, your I-140 was never denied.
Here is the exact wording from NSC. I have deleted all the irrelevant matter
For I-485 Denial:
You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.
For first MTR Denial:
However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.
vparam
09-17 06:30 PM
All the info here is great !!
Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).
I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!
Thanks in advance.
Do a LLC, in that way you are better protected.
Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).
I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!
Thanks in advance.
Do a LLC, in that way you are better protected.
singhsa3
09-12 02:23 PM
Looks like backward clock is the most popular idea so far.
Now,
There are two scenarios someone suggested to me in the office:
Scenario 1: Send these indiviudually (one per person).
Scenario 2: Send collectively a set of 10 backward clocks, with a greivance/protest letter , where as 10 represents month of October and signed by IV.
Now,
There are two scenarios someone suggested to me in the office:
Scenario 1: Send these indiviudually (one per person).
Scenario 2: Send collectively a set of 10 backward clocks, with a greivance/protest letter , where as 10 represents month of October and signed by IV.
sats123
06-12 04:30 PM
Did any one got DL renewed based on receipt notice in Arizona recently.
axp817
12-02 03:15 PM
So I had another set of soft LUDs on my approved 140, 485, approved EAD and approved AP today. This was the 4th LUD on my 485 and the 3rd LUD on the rest of the applications in the past week, and I was losing my mind worrying about receiving a denial or an RFE just before my trip abroad, leaving me with not enough time to respond to the RFE.
So I decided to call Customer Service, and after trying a million options on the voice prompt I finally managed to reach the Nebraska Service Center.
Upon inquiring about the LUDs with no status change, I was told that it was triggered due to the attorney name change and address change. My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address. But anyway, the lady on the phone was kind enough to change it to the new address. I didn't bother asking her if they had received the AC21 letter, I wasn't going to take the risk of having to argue with someone on the phone that switching employers is allowed under the AC21 law, etc. I was just happy to find out that the G28N had processed successfully and that I didn't have to expect a denial or RFE at least in the near future.
Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
Thanks,
So I decided to call Customer Service, and after trying a million options on the voice prompt I finally managed to reach the Nebraska Service Center.
Upon inquiring about the LUDs with no status change, I was told that it was triggered due to the attorney name change and address change. My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address. But anyway, the lady on the phone was kind enough to change it to the new address. I didn't bother asking her if they had received the AC21 letter, I wasn't going to take the risk of having to argue with someone on the phone that switching employers is allowed under the AC21 law, etc. I was just happy to find out that the G28N had processed successfully and that I didn't have to expect a denial or RFE at least in the near future.
Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
Thanks,
No comments:
Post a Comment