images in Enchanted Kingdom but a 
hibworker
03-26 07:12 PM
Soft LUD on Mar 19, didn't apply for EAD / AP. 485 Received date of Aug 1, 2007
wallpaper IN ENCHANTED KINGDOM AS
sgorla
01-29 05:04 PM
Well, this should eliminate selling/misuse of labor certifications.
GCSOON-Ihope
12-09 11:07 AM
One more followup question. How do we usually know LUD ?
Use this link:
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do
click on "Register" on the left to create an account and you will be able to check the status of your application.
Everytime USCIS makes a decision or simply has a look at your file, there will be a new date or "LUD".
Use this link:
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do
click on "Register" on the left to create an account and you will be able to check the status of your application.
Everytime USCIS makes a decision or simply has a look at your file, there will be a new date or "LUD".
2011 Ph.D., Enchanted Kingdom#39;s
jetflyer
06-13 04:11 PM
when a EB3-I family gets a GC ..they should buy a lottery on that day..it is definitely one of their lucky days
I like that as it aligns with my thought that to get GC (EB India) you need better odds than hitting Lotto :D
I like that as it aligns with my thought that to get GC (EB India) you need better odds than hitting Lotto :D
more...
jonty_11
02-01 03:20 PM
A desi consulting company brought him to the US. When they realized he wasn't going to get a project, they just didn't let go of him. Since he was a reliable guy (1. he can be trusted with monthly grocery payment 2. his labor can be sold later to others 3. he servres as an insider who can get information if other consultants are trying to be sneaky by getting their resumes marketed by another company, etc etc, basically he is an asset even thought he doesn't have a project), they just decided to keep him there. These companies don't have attorneys. They take care of all legal matters themselves. Now, how much is hte USCIS fee to file for labor? How much to file for I-140? Peanuts right? So they continue to keep his application active. How hard do you think it is to get fake references when you can make fake resumes. They have fake pay stubs. Fake experience. Fake this and fake that. Everything they do is fake.
So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.
So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.
ushkand
07-19 07:00 PM
Mailed: June 29th
Service Center: NSC
Delivered: July 2, 7:55 am (Signed: R. Williams)
Mode of shipping: Fedex
Check Cashed?: no
Receipt: not yet.
Same as me :D but for the fact that I sent in mine without medical. What do you guys think the chances are of USCIS sending an RFE instead of rejecting the application outright?
Btw..I did "re-file" with completed medical yesterday. I am just hoping they accept my July 2 app. to avail, if any, advantages of RD.
Service Center: NSC
Delivered: July 2, 7:55 am (Signed: R. Williams)
Mode of shipping: Fedex
Check Cashed?: no
Receipt: not yet.
Same as me :D but for the fact that I sent in mine without medical. What do you guys think the chances are of USCIS sending an RFE instead of rejecting the application outright?
Btw..I did "re-file" with completed medical yesterday. I am just hoping they accept my July 2 app. to avail, if any, advantages of RD.
more...
ashkam
07-11 11:28 AM
Where did you get the information that it would take a year and half. Is it just a guess!!!
Being largely ignorant of law, I wouldn't guess. Comment 34 on this thread and elsewhere on other threads.
Being largely ignorant of law, I wouldn't guess. Comment 34 on this thread and elsewhere on other threads.
2010 about Enchanted Kingdom
arrarrgee
07-19 09:00 AM
I hope you are not kidding...i feel so guilty now...i posted this to the CORE on another thread..
"guys..Could you pls let us know why we have 100 as the minimum amount for contribution...i also noticed that the recurring contribution is 50 instead of the usual 20. Guys dont get me wrong. I wanted to call up my friends and ask them to contribute for IV...but i guess we should let them decide the minimum amount...or atleast have 50 and 20 as the minimum and recurring contrubutions respectively...I myself wanted to sigh up for the recurring contribution...but 50 every month hits me on my face..
Even economics says so..haven't you heard of the Laffer Curve?"
No. It's not a typo. I had met Aman in a conference in December. He was talking about selling his house to contribute to IV (I really hope he didn't have to). But he has contributed a small fortune to this effort.
"guys..Could you pls let us know why we have 100 as the minimum amount for contribution...i also noticed that the recurring contribution is 50 instead of the usual 20. Guys dont get me wrong. I wanted to call up my friends and ask them to contribute for IV...but i guess we should let them decide the minimum amount...or atleast have 50 and 20 as the minimum and recurring contrubutions respectively...I myself wanted to sigh up for the recurring contribution...but 50 every month hits me on my face..
Even economics says so..haven't you heard of the Laffer Curve?"
No. It's not a typo. I had met Aman in a conference in December. He was talking about selling his house to contribute to IV (I really hope he didn't have to). But he has contributed a small fortune to this effort.
more...
pointlesswait
05-23 01:34 PM
When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!
When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
>who are not from his constituency,
>who can�t vote and
>who can�t contribute to his election campaign�
what is the motivation for the law maker to support the bill�
So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
b) Then have IV reps.. fax them and send them to lobby groups �.
c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..
How many of you have actually talked to the lawmakers? Its always the assistant!
But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!
Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!
:cool:
When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
>who are not from his constituency,
>who can�t vote and
>who can�t contribute to his election campaign�
what is the motivation for the law maker to support the bill�
So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
b) Then have IV reps.. fax them and send them to lobby groups �.
c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..
How many of you have actually talked to the lawmakers? Its always the assistant!
But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!
Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!
:cool:
hair Pics at Enchanted Kingdom
qplearn
09-13 03:07 PM
Folks,
I am speaking in my personal capacity here. While I am all for freedom of expression and assembly, I don't think that rallies will in any way help our cause. We have to talk to people and participate in various forums to make them aware of our cause. Standing and protesting is not going to help us, because our voice will still be lost in the din...we need to speak where it matters and be heard where it matters...
RR
I am not saying rallying is the only way, but do remember that participating in rallies will get us some recognition.
CNN will always ignore us thanks to our friend there, but has New York Times ever reported our plight? Has Jim Leherer ever talked about us? The main stream media does not even know us!
We need to do something that catches the attention of the media; just getting more members and more funds may not be enough. We need to write letters to editors of major newspapers like NYTIMES and WASH POST.
I am so glad about the strong reponse to this thread.
I am speaking in my personal capacity here. While I am all for freedom of expression and assembly, I don't think that rallies will in any way help our cause. We have to talk to people and participate in various forums to make them aware of our cause. Standing and protesting is not going to help us, because our voice will still be lost in the din...we need to speak where it matters and be heard where it matters...
RR
I am not saying rallying is the only way, but do remember that participating in rallies will get us some recognition.
CNN will always ignore us thanks to our friend there, but has New York Times ever reported our plight? Has Jim Leherer ever talked about us? The main stream media does not even know us!
We need to do something that catches the attention of the media; just getting more members and more funds may not be enough. We need to write letters to editors of major newspapers like NYTIMES and WASH POST.
I am so glad about the strong reponse to this thread.
more...
vinoddas
07-11 07:28 PM
I just got to this forum through some means and saw this thread. I work at Oracle and so I have sent it to the Oracle mailing lists for their support
hot Enchanted Kingdom, Philippines
prashantc
01-31 07:46 AM
Hello I got a yellow form 221(g) during my interview. Got my passport and approval back during the interview.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
**** 28 days since interview, visa approved today****
Dear Vamsi, SVK, NK, Shahuja, Abuddyz, lost_in_gc, and all eligible visa aspirants:
I just got an email from the Chennai consulate, 29th day from the interview, stating the visa was stamped today:
"Thank you for your e-mail.
Our records show that your visa was issued today, January 31. You
should be receiving your passport/visa soon.
Visa Information Unit
American Consulate General
Chennai 600006, India
Telephone: 91 44 2857 4242
Fax: 91 44 2811 2027
Website: http://chennai.usconsulate.gov"
This means there is light at the end of the tunnel. Please have faith in your abilities, and in your God. You will hear back soon.
Moral of the story: "Never use a Consulate in India for visa re-validation again."
Please learn from this story, and never again trust Consulates in India for extension purposes.
God bless you all.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
**** 28 days since interview, visa approved today****
Dear Vamsi, SVK, NK, Shahuja, Abuddyz, lost_in_gc, and all eligible visa aspirants:
I just got an email from the Chennai consulate, 29th day from the interview, stating the visa was stamped today:
"Thank you for your e-mail.
Our records show that your visa was issued today, January 31. You
should be receiving your passport/visa soon.
Visa Information Unit
American Consulate General
Chennai 600006, India
Telephone: 91 44 2857 4242
Fax: 91 44 2811 2027
Website: http://chennai.usconsulate.gov"
This means there is light at the end of the tunnel. Please have faith in your abilities, and in your God. You will hear back soon.
Moral of the story: "Never use a Consulate in India for visa re-validation again."
Please learn from this story, and never again trust Consulates in India for extension purposes.
God bless you all.
more...
house Pics at Enchanted Kingdom
PavanV
08-21 07:53 PM
Congrats Man, all the best for your future, I have yet to apply for GC (i am in my 4th year of H1 B, my company said they would take care of it, and they are painfully slow, i have now been here for 7+ yrs).
Immigration is personal choice in my opinion, i am sure it makes sense to say i am proud of my heritage/culture, but like everybody else i came here for a better life.
The wait for GC is very very frustrating, other the other hand it is absolutely unnecessary if the Immigration authorities just put a little effort and time into resolving it, I guess that is a underlying statement about skilled Immigrants, you have to go through a lot of frustration, pain, and anxiety to be worthy of a GC. I am beginning to wonder, if all the energy (positive and negative) i am spending here to get my GC could be spent more efficiently and in a calculated manner in India (:confused:)
I am from India, I hate corruption and bureaucracy prevalent out there, I came here for a life filled with fun and freedom(what i thought was a better life :(), i still would like to have GC, but the wait, the tension that i need to take out here, is pushing me back to thinking maybe coming here was not a good choice in the first place, my Family is in India, and a couple of my friends are still around in India , so hopefully, when i DO go back i can hang around them and have FUN.
As one of the members said, you cannot take India out of a man, why ?, because we have 5000+ yrs of glorious documented history, a wonderful ,colorful culture, and is the home of great people, that's why !, and that culture is entrenched in our psyche. The generation of kids born to indians here is US wont/cannot/ relate to that psyche, people like us export India, but for the next generation India ceases to exist, just my 1 cent.
Sorry if i bored you folks with rants and raves cheers !!!
Immigration is personal choice in my opinion, i am sure it makes sense to say i am proud of my heritage/culture, but like everybody else i came here for a better life.
The wait for GC is very very frustrating, other the other hand it is absolutely unnecessary if the Immigration authorities just put a little effort and time into resolving it, I guess that is a underlying statement about skilled Immigrants, you have to go through a lot of frustration, pain, and anxiety to be worthy of a GC. I am beginning to wonder, if all the energy (positive and negative) i am spending here to get my GC could be spent more efficiently and in a calculated manner in India (:confused:)
I am from India, I hate corruption and bureaucracy prevalent out there, I came here for a life filled with fun and freedom(what i thought was a better life :(), i still would like to have GC, but the wait, the tension that i need to take out here, is pushing me back to thinking maybe coming here was not a good choice in the first place, my Family is in India, and a couple of my friends are still around in India , so hopefully, when i DO go back i can hang around them and have FUN.
As one of the members said, you cannot take India out of a man, why ?, because we have 5000+ yrs of glorious documented history, a wonderful ,colorful culture, and is the home of great people, that's why !, and that culture is entrenched in our psyche. The generation of kids born to indians here is US wont/cannot/ relate to that psyche, people like us export India, but for the next generation India ceases to exist, just my 1 cent.
Sorry if i bored you folks with rants and raves cheers !!!
tattoo ROUND IN ENCHANTED KINGDOM
itsokgc
07-15 03:13 PM
I came to know, where late about immigrationvoice. I really appreciate you efforts, for all the right causes of the legal immigrants.
I signed.
I signed.
more...
pictures Come to Enchanted Kingdom and
jamesbond007
10-08 03:05 PM
There is a difference between H1B Visa/AP and I797/EAD.
The first one is a travel document. That is all it is good for.
The second one is for employability proof. That is all this one is good for.
Each one has some restrictions. As long as you are not violating any of the provisions under which you were issued a visa/AP/I797/EAD, they will be good.
So... if you are working on a H1 (I797), going out of the country and returning by using AP will not make you lose your H1 as long as you continue to work full time for the sponsoring company.
As far as the company is concerned, your work eligibility status is based on what you provide to them when you fill out the I9 form.
The first one is a travel document. That is all it is good for.
The second one is for employability proof. That is all this one is good for.
Each one has some restrictions. As long as you are not violating any of the provisions under which you were issued a visa/AP/I797/EAD, they will be good.
So... if you are working on a H1 (I797), going out of the country and returning by using AP will not make you lose your H1 as long as you continue to work full time for the sponsoring company.
As far as the company is concerned, your work eligibility status is based on what you provide to them when you fill out the I9 form.
dresses to do is Enchanted Kingdom
chanduv23
07-02 02:36 PM
I have taken my Ex - employer to DOL and USCIS and I was successful getting my money back.
If you go with lawsuit then it becomes partially a Civil case rather than criminal offense.
If any one needs info how to proceed send me a PM
Were they affected by your complaint? I guess they know and are ready to face these things.
If you go with lawsuit then it becomes partially a Civil case rather than criminal offense.
If any one needs info how to proceed send me a PM
Were they affected by your complaint? I guess they know and are ready to face these things.
more...
makeup Enchanted Kingdom Philippines
logiclife
04-07 11:14 AM
So we have an amendment that deals with Immigration Voice's goals - http://immigrationvoice.org/forum/showthread.php?t=521. Now what?
The Brownback amendment that benefits all of us in one way or other is on the table for the immigration bill(Specter’s, Frist’s whichever). Thanks to Senator Brownback, his staff, our counsel QGA, our friends in AZ and PA(not in core IV team) who played a key role in convincing the staff and Senator about our problems and solutions and MOST IMPORTANTLY - YOU - the volunteers and members who supported this operation financially and morally.
Friends, the game has just begun. The fun part, the challenging part comes now. Those who are familiar with S 1932 know that the real deal is the house-senate conference committee IF the immigration bill gets any traction in Senate post recess. In a rare event that immigration bill is ignored this year, we need to focus on getting these amendments in other bills like PACE act, TALENT bill etc. Immigration Voice’s morale is like DURACELL – IT NEVER DIES. NEVER NEVER NEVER.
So , before we open that Champagne bottle let's make sure that we are ready for the next stages in this effort:
1. Getting majority of Senators to vote "Yes" on our amendment.
2. Getting the opposing amendments to defeat the good stuff out of the senate bill.
3. Protecting this amendment in the House-Senate Conference Committee.
4. Defeating the harmful provisions that may be injected by more creative minds in the House during House-Senate Conf.
5. Continued efforts to find another bill for our provisions if the immigration bill fails. (Unlikely because of millions of undocumented workers holding rallies. Something WILL HAPPEN).
All this is going to take lobbying, grass-roots efforts and a lot of work.
So now, we regroup. We gain strength. Lend a hand to the fence-sitters to join us. Convince the NAYSAYERS that this works. And we raise more funds.
Today, IV Core group sincerely requests members to whole-heartedly contribute just like you contributed before. Let's give this movement a momentum so strong and powerful that its invincible. Let us get all hands on deck.
THE GOAL:
The goal is to raise another 75,000 in 25 days. That will bring the total contributions to around 150,000 by the first of May.
We have always asked people to contribute whole-heartedly as this is a non-profit operation, no core member or volunteer makes any money on this and we are accountable to IRS due to our non-profit tax status. We have always done EVERYTHING LEGALLY and will continue to do things legally. If in doubt, please visit the menu "Lobbying and the Law" on the homepage. Remember, the core members want their greencards too and they wouldnt be doing things that are illegal and risk their own greencard applications.
Conribute and be a part of most successful organized effort ever done by a bunch of high-skills legal immigrants. Be a part of movement that will make you proud for the rest of your life. Something to tell your children about. A few hundred dollars saved by not contributing will not make you happier. I can guarantee you that. The money I contributed to IV has been the most well-spent amount in 6 years of my time in US. And dont ever rely on "Others will do it and I can evade this as one person wont make difference" will NEVER WORK. It never does. If you think that there are friends that are affected by retrogression then call them, show them the amendment and tell them to stand up and support this.
Thanks, and make this another successful round of donations. Here is a link to our contributions page - http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
--logiclife.
The Brownback amendment that benefits all of us in one way or other is on the table for the immigration bill(Specter’s, Frist’s whichever). Thanks to Senator Brownback, his staff, our counsel QGA, our friends in AZ and PA(not in core IV team) who played a key role in convincing the staff and Senator about our problems and solutions and MOST IMPORTANTLY - YOU - the volunteers and members who supported this operation financially and morally.
Friends, the game has just begun. The fun part, the challenging part comes now. Those who are familiar with S 1932 know that the real deal is the house-senate conference committee IF the immigration bill gets any traction in Senate post recess. In a rare event that immigration bill is ignored this year, we need to focus on getting these amendments in other bills like PACE act, TALENT bill etc. Immigration Voice’s morale is like DURACELL – IT NEVER DIES. NEVER NEVER NEVER.
So , before we open that Champagne bottle let's make sure that we are ready for the next stages in this effort:
1. Getting majority of Senators to vote "Yes" on our amendment.
2. Getting the opposing amendments to defeat the good stuff out of the senate bill.
3. Protecting this amendment in the House-Senate Conference Committee.
4. Defeating the harmful provisions that may be injected by more creative minds in the House during House-Senate Conf.
5. Continued efforts to find another bill for our provisions if the immigration bill fails. (Unlikely because of millions of undocumented workers holding rallies. Something WILL HAPPEN).
All this is going to take lobbying, grass-roots efforts and a lot of work.
So now, we regroup. We gain strength. Lend a hand to the fence-sitters to join us. Convince the NAYSAYERS that this works. And we raise more funds.
Today, IV Core group sincerely requests members to whole-heartedly contribute just like you contributed before. Let's give this movement a momentum so strong and powerful that its invincible. Let us get all hands on deck.
THE GOAL:
The goal is to raise another 75,000 in 25 days. That will bring the total contributions to around 150,000 by the first of May.
We have always asked people to contribute whole-heartedly as this is a non-profit operation, no core member or volunteer makes any money on this and we are accountable to IRS due to our non-profit tax status. We have always done EVERYTHING LEGALLY and will continue to do things legally. If in doubt, please visit the menu "Lobbying and the Law" on the homepage. Remember, the core members want their greencards too and they wouldnt be doing things that are illegal and risk their own greencard applications.
Conribute and be a part of most successful organized effort ever done by a bunch of high-skills legal immigrants. Be a part of movement that will make you proud for the rest of your life. Something to tell your children about. A few hundred dollars saved by not contributing will not make you happier. I can guarantee you that. The money I contributed to IV has been the most well-spent amount in 6 years of my time in US. And dont ever rely on "Others will do it and I can evade this as one person wont make difference" will NEVER WORK. It never does. If you think that there are friends that are affected by retrogression then call them, show them the amendment and tell them to stand up and support this.
Thanks, and make this another successful round of donations. Here is a link to our contributions page - http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
--logiclife.
girlfriend Roller
chicago60607
09-17 02:20 PM
Seems like Zoe is loosing patience. She is starting to accept a lot of amendments and is some how trying get it wrapped up.
hairstyles Enchanted Kingdom
Ramba
04-28 06:11 PM
Don't let lack of knowledge and fear of oppression take over your "thought process".
AC21 is a public law - 106-313 .
AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.
The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.
The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....
So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
AC21 is a public law - 106-313 .
AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.
The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.
The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....
So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
hopefulgc
03-13 12:48 PM
BharatPremi... think u might be mistaken ...
I have to agree with sunny1000. The consulate page says this in clear text.
"The following numbers are derived from the Department of State's Visa Bulletin."
That is exactly I was thinking. My first confusion was why the hell people want to check CP dates and create the false thread but then I realize they must not be around/ in the process to realize that CP dates != AOS dates. Some times CP ones equals but not always. Let's hope those equals to AOS dats this time.
I have to agree with sunny1000. The consulate page says this in clear text.
"The following numbers are derived from the Department of State's Visa Bulletin."
That is exactly I was thinking. My first confusion was why the hell people want to check CP dates and create the false thread but then I realize they must not be around/ in the process to realize that CP dates != AOS dates. Some times CP ones equals but not always. Let's hope those equals to AOS dats this time.
webm
02-26 03:28 PM
YTH.
Meanwhile, my lawyer today emailed & confirmed that the h1b will be valid even after using AP to travel and one can also renew or transfer the h1b. Even after the current I-94 expires obtained using AP, if one has still valid EAD or H1B I-797, he/she will be in status. However she also said that this is tricky situation and she could not find any CIS memo.
HOPE THIS WILL STILL SOLVE MANY PEOPLE'S DOUBTS.
Now I see no reason why anyone should NOT use AP to travel. Why should ANYONE waste money and time for restamping and take a small chance???
However as "Ramba" said in post# 27, it is still a small chance as no one knows what is exactly the CIS rules.
I agree..
Meanwhile, my lawyer today emailed & confirmed that the h1b will be valid even after using AP to travel and one can also renew or transfer the h1b. Even after the current I-94 expires obtained using AP, if one has still valid EAD or H1B I-797, he/she will be in status. However she also said that this is tricky situation and she could not find any CIS memo.
HOPE THIS WILL STILL SOLVE MANY PEOPLE'S DOUBTS.
Now I see no reason why anyone should NOT use AP to travel. Why should ANYONE waste money and time for restamping and take a small chance???
However as "Ramba" said in post# 27, it is still a small chance as no one knows what is exactly the CIS rules.
I agree..
