unitednations
03-31 12:06 PM
UnitedNations,
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
wallpaper Lindsay Shaw
Karthikthiru
07-10 08:42 PM
http://www.immigration.com/newsletter/rajiv_notes_485_filing.html
An interesting update. This is just posted on his site
Karthik
An interesting update. This is just posted on his site
Karthik
maddipati1
12-11 10:24 PM
sent my story just now.
highlighted,
- wasted visas in 140K quota in last 5 years and requesting them to recapture.
- decision to hold on buying house due to uncertainity in GC.
keep up the good work guys.
highlighted,
- wasted visas in 140K quota in last 5 years and requesting them to recapture.
- decision to hold on buying house due to uncertainity in GC.
keep up the good work guys.
2011 Lindsey Shaw
cjagtap
07-18 03:40 PM
service cntr lady said that they sent the applications back. They do not use overnight Fedex like you and me,they use regular mail.and it could take 4 wks too ..so will have to wait again for this? rejection and then refiling the same stuff?
more...
gc28262
03-10 07:17 PM
This data is ambiguous from the USCIS. It very well could represent pending 140 petitions, in which case all the euphoria would turn to shock. We must try to get clarification about this before anything else.
One of the tables there mentions the NIW, that is determined at the 140 level, after that a 485 is a 485 and it goes into the EB2 queue. So when they list that in the breakdown, I suspect if they may be referring to 140s here. Additionally they list either no NIW140 or NIW-based 485s from the NSC. If they are referring to NIW based 485s, this is incorrect, since I am one of those with an approved NIW and pending 485 at the NSC. There are others like me on IV physician forum.
So lets try to get more information about this response. This data does not give the whole story. In a worst case scenario it is indeed pending 140s they have given.
The best strategy is to prepare a request that will get all the details and route it through different senators.
Multiple members from different geographical area should route the same request through their senators.
If the query result from all these senators doesn't match, we will know USCIS didn't give the proper info.
In that case we can follow up with senators for the real data.
One of the tables there mentions the NIW, that is determined at the 140 level, after that a 485 is a 485 and it goes into the EB2 queue. So when they list that in the breakdown, I suspect if they may be referring to 140s here. Additionally they list either no NIW140 or NIW-based 485s from the NSC. If they are referring to NIW based 485s, this is incorrect, since I am one of those with an approved NIW and pending 485 at the NSC. There are others like me on IV physician forum.
So lets try to get more information about this response. This data does not give the whole story. In a worst case scenario it is indeed pending 140s they have given.
The best strategy is to prepare a request that will get all the details and route it through different senators.
Multiple members from different geographical area should route the same request through their senators.
If the query result from all these senators doesn't match, we will know USCIS didn't give the proper info.
In that case we can follow up with senators for the real data.
anandrajesh
02-13 10:50 PM
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
Anand, there is a conference call scheduled this Friday. Pls join the conference call and pour in your ideas. Sure if your ideas are good and conceivable Core team would defly work on implementing it. Dont be an outsider, try to get more involved. Again if you want to be part of the Core Let Aman & Co know, they should be able to delegate you some responsibilites.
Just like you, everybody is frustrated with the lack of progress. But we do understand our limitations, we can only educate the lawmakers with our issues, but we cant arm twist them to do something favorable. We have to keep our expectations right. As Logiclife told if big corporations like Microsoft cant achieve what they, want who are we? Does this mean we shld quit and resign our fate. Live another day, Fight another day till we achieve what we want.
I contribute, i participate in the calls, i write to the reporters, i send faxes and emails to Senators/House Reps, Appear in Newspaper & Radio interviews and most of all Spare a Prayer to God to improve my situation. That is all i can do and if every one of us does what is needed sure something positive will happen. I am not a CORE member, just an ordinary member like YOU.
Anand, there is a conference call scheduled this Friday. Pls join the conference call and pour in your ideas. Sure if your ideas are good and conceivable Core team would defly work on implementing it. Dont be an outsider, try to get more involved. Again if you want to be part of the Core Let Aman & Co know, they should be able to delegate you some responsibilites.
Just like you, everybody is frustrated with the lack of progress. But we do understand our limitations, we can only educate the lawmakers with our issues, but we cant arm twist them to do something favorable. We have to keep our expectations right. As Logiclife told if big corporations like Microsoft cant achieve what they, want who are we? Does this mean we shld quit and resign our fate. Live another day, Fight another day till we achieve what we want.
I contribute, i participate in the calls, i write to the reporters, i send faxes and emails to Senators/House Reps, Appear in Newspaper & Radio interviews and most of all Spare a Prayer to God to improve my situation. That is all i can do and if every one of us does what is needed sure something positive will happen. I am not a CORE member, just an ordinary member like YOU.
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never_giveup
09-17 01:52 PM
I am not seeing any movement in the video. I can just see the American Eagle on the screen? any idea whats going on.. ? ??
Try closing ur window and re-opening it. It works for me now.
Try closing ur window and re-opening it. It works for me now.
2010 lindsay shaw crowbar crazy 09
smsthss
09-17 11:23 AM
audio is not clear at all
more...
arc
02-01 01:20 PM
Yes I agree with you legal immigration is not only EB category, but EB+spouse+child category is the largest when we say Legal Immigration, plus questions are posed by Engineers & Doctors and that automatically tells the person who is reading that it is about EB category. But you are welcome to form your questions and post and we will make sure that that becomes popular. If you see the situation from where I am standing the glass is half full my friend!
Hope things are going well with you, your research and wisdom is always appriciated.
----------
Employment based immigration is a very small part of legal immigration.
Here is a break down of legal immigration #s for 2006 according to Yearbook of Immigration Statistics, published by Department of Homeland Security's (DHS) Office of Immigration Statistics (OIS) (available at Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007).
1,266,264 immigrants were granted legal residence in 2006.
159,081 immigrants who received green cards through sponsorship from their US employers accounted for 12.6% of all legal permanent residents.
However, 87,702 (or 55.1%) of the employment-sponsored immigrants were spouses and children of principal applicants.
The share of employment-preference immigrants has varied between 3.3 percent (59,525) in 1991 and 22 percent (246,878) in 2005.
The other categories are family preference (802,712), refugee + asylee (216,454), Immigration Reform and Control Act (IRCA) of 1986 + parolees (43,546) and Diversity Lottery (44,471).
Employment based immigration is legal. However, it may help to add legal to the title.
Employment based immigration is skilled. I think employment based immigration includes cooks, priests, .... They consider themselves to be skilled just like everyone else!
If you just ask for improving legal immigration, they will improve family based or asylum.
As some persons learnt yesterday, legal immigration has very low priority as compared to undocumented. Similarly, employment based immigration has no priority in legal immigration!
Hope things are going well with you, your research and wisdom is always appriciated.
----------
Employment based immigration is a very small part of legal immigration.
Here is a break down of legal immigration #s for 2006 according to Yearbook of Immigration Statistics, published by Department of Homeland Security's (DHS) Office of Immigration Statistics (OIS) (available at Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007).
1,266,264 immigrants were granted legal residence in 2006.
159,081 immigrants who received green cards through sponsorship from their US employers accounted for 12.6% of all legal permanent residents.
However, 87,702 (or 55.1%) of the employment-sponsored immigrants were spouses and children of principal applicants.
The share of employment-preference immigrants has varied between 3.3 percent (59,525) in 1991 and 22 percent (246,878) in 2005.
The other categories are family preference (802,712), refugee + asylee (216,454), Immigration Reform and Control Act (IRCA) of 1986 + parolees (43,546) and Diversity Lottery (44,471).
Employment based immigration is legal. However, it may help to add legal to the title.
Employment based immigration is skilled. I think employment based immigration includes cooks, priests, .... They consider themselves to be skilled just like everyone else!
If you just ask for improving legal immigration, they will improve family based or asylum.
As some persons learnt yesterday, legal immigration has very low priority as compared to undocumented. Similarly, employment based immigration has no priority in legal immigration!
hair lindsay shaw crowbar crazy 02
shortduck
09-11 10:56 AM
Hi All
Where u take SBI or ICICI they will not tell you the date on which the actually transaction was taken place. Yes its right that they keep money with them for 2-3 days and remit only when they see that exchange rate will increase.
I have used both, in my personal opinion SBI offers good rate than ICICI.
Again, this may be not correct because we don't know the time they update their web site to reflect the current exchange rate.
Where u take SBI or ICICI they will not tell you the date on which the actually transaction was taken place. Yes its right that they keep money with them for 2-3 days and remit only when they see that exchange rate will increase.
I have used both, in my personal opinion SBI offers good rate than ICICI.
Again, this may be not correct because we don't know the time they update their web site to reflect the current exchange rate.
more...
Miya Maqbool
01-31 05:51 PM
Just voted ^^^^^^^
hot Lindsey shaw images
chicago60607
09-17 02:00 PM
Next they are going to work on the HORSE SLAUGHTER bill !!!!! :( :(
I heard the Chair mention this
I heard the Chair mention this
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house by Lindsay Shaw) and her
smartboy75
09-30 02:52 AM
I've already got my GC approved in Feb. 2007.
hey wawa...
That is so strange.....Our dates also match...I too got an email on 28th September ...this is so bizzare..,,have you received the notice from USCIS ?? Since you have an aproved GC it sounds even more bizzare ...please keep me posted of any developements and I will do the same ...
hey wawa...
That is so strange.....Our dates also match...I too got an email on 28th September ...this is so bizzare..,,have you received the notice from USCIS ?? Since you have an aproved GC it sounds even more bizzare ...please keep me posted of any developements and I will do the same ...
tattoo Lindsey Shaw nasceu em
add78
04-27 08:44 PM
I read through the bill but don't quite understand...if I am working for a client on H1B, will I need to stop working as soon as this bill takes effect? or it only applies to newly applied H1B's (or extension/transfer)?
Yes, that is my understanding at this point based on the language . As soon as the bill goes into effect, you will need to stop working at the client site if the bill passes in its current form AND you are working as a FT employee (w-2) of a mere placement company (aka agent or desi consulting). If you are an FT employee of big consulting company then until they get waiver for you AND your current client proves that no layoffs were done at the client site in the last 180 days, you will need to stop working.
Yes, that is my understanding at this point based on the language . As soon as the bill goes into effect, you will need to stop working at the client site if the bill passes in its current form AND you are working as a FT employee (w-2) of a mere placement company (aka agent or desi consulting). If you are an FT employee of big consulting company then until they get waiver for you AND your current client proves that no layoffs were done at the client site in the last 180 days, you will need to stop working.
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pictures Claire (Lindsey Shaw)
smisachu
07-31 02:31 PM
Very well said!!
[QUOTE=puddonhead;577704]For all the non-financial enginners who are trying to make sense of financial jargons (like myself - no financial enginnering degree for me but I have worked as a quant for some time in between):
Again sorry for the jargon but the topic is such that it requires some technical terms. Although I dont think these are jargons; they are in fact the only terms out there. Jargon is what BA's use. :D
Any time you are trading something - you are betting on the direction of "something". Smisachu - with his statistical arbitrage background - would probably like to vehemently disagree at this point. But please hear me out first.
I wandered into stat-arb by chance, not married to the concept. I think high frequency stat arb is high tech front running. This will be the next biggest blow out according to me.
If you become even more of a pro option trader - and you think that the market always undervalues out of money options (because human brain is not capable of anticipating the "black swan" events) - then you will buy out of the money options for pennies and will hope that you "poo like a chicken and eat like an elephant". The directional bet you are taking in this case is again on the vol increasing over a longer period of time.
I read Nassim Taleb here. His hedge fund bled for 20 years buying deep out of the money options and finally in 2008 made 156% or so.
If you are into statistical arbitrage - you have your own gold standard, usually some mathematical model, of how a specific market should be priced. If the market price differs from this - then you enter into a trade to make money when eventually this anomaly reverses.
If anyone can withstand the terminology I can post some stat arb ideas. I gave it to another member who had PM'd me.
Nice post
[QUOTE=puddonhead;577704]For all the non-financial enginners who are trying to make sense of financial jargons (like myself - no financial enginnering degree for me but I have worked as a quant for some time in between):
Again sorry for the jargon but the topic is such that it requires some technical terms. Although I dont think these are jargons; they are in fact the only terms out there. Jargon is what BA's use. :D
Any time you are trading something - you are betting on the direction of "something". Smisachu - with his statistical arbitrage background - would probably like to vehemently disagree at this point. But please hear me out first.
I wandered into stat-arb by chance, not married to the concept. I think high frequency stat arb is high tech front running. This will be the next biggest blow out according to me.
If you become even more of a pro option trader - and you think that the market always undervalues out of money options (because human brain is not capable of anticipating the "black swan" events) - then you will buy out of the money options for pennies and will hope that you "poo like a chicken and eat like an elephant". The directional bet you are taking in this case is again on the vol increasing over a longer period of time.
I read Nassim Taleb here. His hedge fund bled for 20 years buying deep out of the money options and finally in 2008 made 156% or so.
If you are into statistical arbitrage - you have your own gold standard, usually some mathematical model, of how a specific market should be priced. If the market price differs from this - then you enter into a trade to make money when eventually this anomaly reverses.
If anyone can withstand the terminology I can post some stat arb ideas. I gave it to another member who had PM'd me.
Nice post
dresses Lindsey shaw images
baburob2
04-14 09:51 PM
contributed my amt through cheque. IV should get it in 3 days. keep the efforts up.
more...
makeup lindsay shaw shape
anai
02-14 09:03 AM
Oh wait. I get it now. We're probably mistaken in thinking anand26's idea is to improve IV; looks like the idea is to promote "yelling at people" as a way of life.
The plan is to do nothing oneself but make a random to-do list for other people; so we should also respond in the same spirit.
Here are some things you should do, anand26; now do it quickly and report back to this forum by tomorrw:
Eat more broccoli.
Raise money for IV.
Do not use "zapata" in a sentence ever again
See. Anyone can do this. Pretty easy. Thanks Anand26 for sharing this idea.
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.
These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership. That is my opinion and it was point of my original posting. Lack of money is being blamed wrongly. But may be I am wrong.
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
The plan is to do nothing oneself but make a random to-do list for other people; so we should also respond in the same spirit.
Here are some things you should do, anand26; now do it quickly and report back to this forum by tomorrw:
Eat more broccoli.
Raise money for IV.
Do not use "zapata" in a sentence ever again
See. Anyone can do this. Pretty easy. Thanks Anand26 for sharing this idea.
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.
These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership. That is my opinion and it was point of my original posting. Lack of money is being blamed wrongly. But may be I am wrong.
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
girlfriend Lindsey Shaw is Gray Gorgeous
IamWithImmiVoice
01-10 05:15 AM
I have been a member of IV for a long time. I think my only contribution is when I contributed a few times for some of the efforts. I come to this forum maybe once in a quarter just hoping to see some good news on the immigration side. I see nothing, feel bad about it and leave without doing anything. Every time I leave thinking that I should start contributing instead of being a useless lurker, but somehow that thought is the end.
My mistake and I apologize to the regular contributors here.
Anyways I am going to contribute now. I have set up a reminder in my calender for every other day to visit IV and discuss with other members about the next approach to take. I am also looking to contribute whether it be writing letters or taking part in rallies or speaking to lawyers about the spillover.
Again I apologize and I am looking forward to our next step towards ending our immigration woes.
My mistake and I apologize to the regular contributors here.
Anyways I am going to contribute now. I have set up a reminder in my calender for every other day to visit IV and discuss with other members about the next approach to take. I am also looking to contribute whether it be writing letters or taking part in rallies or speaking to lawyers about the spillover.
Again I apologize and I am looking forward to our next step towards ending our immigration woes.
hairstyles Lindsay Shaw and ABC
GCmuddu_H1BVaddu
11-03 10:21 AM
Here we go again.
Jees, stop posting this over and over man.
How about joining the State Chapters and start getting active in our grassroots efforts. Our journey towards "Freedom and Independence" starta from joining the State Chapters
Jees, stop posting this over and over man.
How about joining the State Chapters and start getting active in our grassroots efforts. Our journey towards "Freedom and Independence" starta from joining the State Chapters
petepatel
09-17 11:08 AM
:confused: Very Confused. Nothing is going on
learning01
02-01 07:07 PM
(Gavel noise * 3)
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