chanduv23
10-21 05:00 PM
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
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black_logs
03-09 12:40 PM
Yeah that's the million dollar question, schedule A workers allready have 50K qouta, but that kicks off only after the regular EB3 numbers becomes unavailable, so they first use the regular EB3 number. Now they might have kept the status qou on that rule(first use regular EB-3 quota) and then instead of giving a fixed 50K quota they may use as many numbers after that. So basically what I'm saying is for non schedule A workers this amendment may not mean any thing.
It's a pessimistic view, but that's how immigration system have been in past 3-4 years.
Guys a little confused.
How does removing the cap from Schedule A, benefit the rest of us?
It's a pessimistic view, but that's how immigration system have been in past 3-4 years.
Guys a little confused.
How does removing the cap from Schedule A, benefit the rest of us?
RajForGC
06-10 09:25 PM
We filed EB2 (Rest of the World) 140/485 on May 18th and 140 already got approved on May 24, 485 is still pending. I also have Eb3 Labor and 140 approved (Dec 2005) and we transfer Priority Date of old EB3 case Sep 2005 of EB3 to EB2. So my question is if this Bill becomes a law then what will happen to my case?
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Desichakit
07-11 09:51 AM
This appears to be half the battle won for EB2 as it has to translated into actual approval. Also we must be mindfull of EB3 retrogression and must not lose sight of it in this Euphoria.
EB2-I-Jan08
EB2-I-Jan08
more...
nandini
09-06 09:29 AM
15 years and 2 months. Arrived in US in June 1995. Includes 6 years on J1 and 9 years on H1. Been thru all possible problems-employer closing shop in the middle of waiver, scrambling to find another waiver position, labor stuck in back log , lost priority date, new PERM and labor from 2006 and then applied 485 in july 2007 .
I made a lot of mistakes, lost opportunities but there there were a lot of things beyond my control...
Received approval email on 9/4/2010
I made a lot of mistakes, lost opportunities but there there were a lot of things beyond my control...
Received approval email on 9/4/2010
s_r_e_e
09-10 02:29 PM
I am surprised that, many are surprised about the OCT dates! expected!
recapture or die! :)
recapture or die! :)
more...
AllVNeedGcPc
12-10 07:32 AM
Hello 9years: Thanks for sharing the info all along. A quick question:
I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.
Is this recommended or should we do regular premium 140 and request date porting once its approved?
If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?
Thanks,
Hi All,
My attorney and company (both) received copy of Approval Notice. One thing I noticed is Priority Date on Approval Notice is my EB3 Priority Date( October 2003 ). I think some kind update (porting) has happened. I have not seen any change in LUD on my I-485. This is just to update all and hope this information may be useful to someone.
Thank you and Best of Luck to all.
I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.
Is this recommended or should we do regular premium 140 and request date porting once its approved?
If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?
Thanks,
Hi All,
My attorney and company (both) received copy of Approval Notice. One thing I noticed is Priority Date on Approval Notice is my EB3 Priority Date( October 2003 ). I think some kind update (porting) has happened. I have not seen any change in LUD on my I-485. This is just to update all and hope this information may be useful to someone.
Thank you and Best of Luck to all.
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gk_2000
08-23 10:50 PM
Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:
Read all the pages and let us know where anyone is stating to close the program. All we are saying is to close the loophole.
Context is everything
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
Read all the pages and let us know where anyone is stating to close the program. All we are saying is to close the loophole.
Context is everything
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
more...
franklin
07-16 01:59 AM
...let your Nor Cal members know - I'm trying to prepare a comprehensive document with lessons learned from the San Jose rally. Sort of a post mortem "what went right, what went wrong, how to improve" thing. It may take a few days, as we are all recovering and catching up!
Feel free to pm or email if you need anything or have questions.
I don't want to sound like a know-it-all, but we are more than willing to help out however we can.
Drona, from SoCal, was up for the rally and integral in helping out as well.
Feel free to pm or email if you need anything or have questions.
I don't want to sound like a know-it-all, but we are more than willing to help out however we can.
Drona, from SoCal, was up for the rally and integral in helping out as well.
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villamonte6100
04-02 01:38 PM
No wonder you do not like people complaining about things not moving fast enough. Dude, you got to eat something to know how it tastes.
If you are getting a GC sooner just because you are an Australian, you have no moral authority to preach people who are affected. This thread is not for you, you are welcome to visit other threads though.
You are entitled to your opinion.
If you are getting a GC sooner just because you are an Australian, you have no moral authority to preach people who are affected. This thread is not for you, you are welcome to visit other threads though.
You are entitled to your opinion.
more...
rajeshalex
07-11 07:14 AM
I am posting the whole thing here.
Category India Most Other Countries
F1 15 March 2002 15 March 2002
FX Unavailable Unavailable
F2A 1 October 2003 1 October 2003
F2B 1 November 1999 1 November 1999
F3 8 June 2000 8 June 2000
F4 22 February 1997 8 September 1997
E1 Current Current
E2 1 June 2006 Current
E3 Unavailable Unavailable EX Unavailable Unavailable
EW Unavailable Unavailable
E4 Current Current
E4-Religious Current Current
Rajesh
Category India Most Other Countries
F1 15 March 2002 15 March 2002
FX Unavailable Unavailable
F2A 1 October 2003 1 October 2003
F2B 1 November 1999 1 November 1999
F3 8 June 2000 8 June 2000
F4 22 February 1997 8 September 1997
E1 Current Current
E2 1 June 2006 Current
E3 Unavailable Unavailable EX Unavailable Unavailable
EW Unavailable Unavailable
E4 Current Current
E4-Religious Current Current
Rajesh
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thomachan72
06-04 11:37 AM
OK here is a question.
Person working for past 4 years in the US.
Applied LC this February (2/26/07)
wants to go to canada, work there for a year and then reenter may be next year.
According to the new point based GC system--
1) Will the person get points for the 4 years of work in the US? (those 4 years were continuous, however, the person applies for GC after the canadian break of lets say 1 year)
Person working for past 4 years in the US.
Applied LC this February (2/26/07)
wants to go to canada, work there for a year and then reenter may be next year.
According to the new point based GC system--
1) Will the person get points for the 4 years of work in the US? (those 4 years were continuous, however, the person applies for GC after the canadian break of lets say 1 year)
more...
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unseenguy
02-09 10:17 PM
I really feel sorry for your parents and your family. I dont have anything else to say. Good luck.
Sure. I feel sorry for you. My family doesnt live off my money nor my inlaws :) and no body has ever asked me for it. Gifts sure. I buy them myself. Not that they expect it :)
Sure. I feel sorry for you. My family doesnt live off my money nor my inlaws :) and no body has ever asked me for it. Gifts sure. I buy them myself. Not that they expect it :)
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nat23
09-11 01:42 PM
Cant attend. My contribution of 100$
Order Details - Sep 11, 2007 2:04 PM EDT
Google Order #645545443708284
Cheers
Nat
Order Details - Sep 11, 2007 2:04 PM EDT
Google Order #645545443708284
Cheers
Nat
more...
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jonty_11
07-19 05:41 PM
Guys please enroll for recurring contributions. Its for our own good. Please dont sit under the misconception that since we applied for 485 and we get EAD we might be ok. you are not safe until you have the green card in your hand. durbin, grasley, ron hira are out there to get you, I wont be surprised if they come after EAD once they are done with H1. Please contribute to IV so that we can work on the next leg on the process, be it SKIL or visa number recapture or whatever comes but to do that IV needs money, please contribute so that we can build on the momentum. Junior members, news members you are the new blood please come forward and contribute. To existing members please think about increasing the recurring contribution amount.
correct GREEN CARD IN HAND is the key....lest people will take u for granted and abuse you....
correct GREEN CARD IN HAND is the key....lest people will take u for granted and abuse you....
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add78
06-11 09:41 AM
Even if one member donates $100 in one calendar year to IV, it will make a huge impact in your own cause. And that just comes to 27 cents a day!!!!. Think about how much you spend on a cup of coffee or that vending machine at work or tipping at restaurants or a hair salon, folks, I am sure you can set aside 27 cents a day to help your own cause. Please donate at least $100 in a year to IV. As you have already seen, this small investment does pay handily in rewards like July visa bulletin, Admin fixes, EADs and other numerous bills/fixes/reliefs.
Donate generously, and get others to join IV.
Thank You.
Donate generously, and get others to join IV.
Thank You.
more...
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ItIsNotFunny
10-24 05:12 PM
ItIsNotFunny:
I have sent out the email and couple of my friends will also do the same. Good intiative, much appreciated.
Thanks wandmaker for appreciation. It helps!
I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.
To all,
If you appreciate me, please help me by motivating others to join the movement.
If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
I have sent out the email and couple of my friends will also do the same. Good intiative, much appreciated.
Thanks wandmaker for appreciation. It helps!
I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.
To all,
If you appreciate me, please help me by motivating others to join the movement.
If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
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green_world
09-12 07:19 PM
How do I place the google order? This is going to be my first contribution..
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unseenguy
02-13 10:51 PM
I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would contributed for IV.
I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.
And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.
I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.
And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.
pappu
11-30 01:21 AM
Great work Jimi and the CA chapter members!
srikondoji
08-13 04:02 PM
congrats.
This is the first receipt i am noticing for an application received on July 2nd at 7:55AM and signed by R. Williams.
All other recipts so far were either received at 9 AM or 10:25 Am or so (july 2nd, 3rd, 5th etc) but none of them were at 7:55 AM.
Signature has all relevant information.
This is the first receipt i am noticing for an application received on July 2nd at 7:55AM and signed by R. Williams.
All other recipts so far were either received at 9 AM or 10:25 Am or so (july 2nd, 3rd, 5th etc) but none of them were at 7:55 AM.
Signature has all relevant information.
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