ilikekilo
06-08 02:36 PM
i agree with you
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arupkumarsaha
02-13 01:35 PM
There are two ways to react once you are not getting any result .
1. Do not do anything and blame others . Proclaim your leadership inabilities and hope a new avatar will come to save you . ( May be Lord Vishnu can take his final incarnation and save us , let us chant and pray :-)
2. Do something like say contribute and spread the message .
One will care about IV only if there are valid business reasons for doing so . Lots of my colleagues does not care about IV because they do not care about retrogression , reasons are ,
A)They may buy pre approved labor and get away with it .
B)Their spouse also work ( on h1b in IT or on h4 in sabji mandi ). Their spouse is a home maker and do not intend to work.
C)They are simply saving money to go back to india and does not want a GC.
Now even if you are impacted by retrogression still you may dream that in the dream land of USA one fine day congress will wipe out your worries . That indeed may party happen but still the legislature may pass something which can screw up the situation more , like say enforcing hard cap on the per country quota .
So it may make sense to help IV and not leave everything on luck or congress .
But above all rationale there is the warm fuzzy desi feeling of getting things free when people of IV are slogging , so no wonder people do not help IV , desi mentality rules :-)
1. Do not do anything and blame others . Proclaim your leadership inabilities and hope a new avatar will come to save you . ( May be Lord Vishnu can take his final incarnation and save us , let us chant and pray :-)
2. Do something like say contribute and spread the message .
One will care about IV only if there are valid business reasons for doing so . Lots of my colleagues does not care about IV because they do not care about retrogression , reasons are ,
A)They may buy pre approved labor and get away with it .
B)Their spouse also work ( on h1b in IT or on h4 in sabji mandi ). Their spouse is a home maker and do not intend to work.
C)They are simply saving money to go back to india and does not want a GC.
Now even if you are impacted by retrogression still you may dream that in the dream land of USA one fine day congress will wipe out your worries . That indeed may party happen but still the legislature may pass something which can screw up the situation more , like say enforcing hard cap on the per country quota .
So it may make sense to help IV and not leave everything on luck or congress .
But above all rationale there is the warm fuzzy desi feeling of getting things free when people of IV are slogging , so no wonder people do not help IV , desi mentality rules :-)
rajeshalex
09-12 10:35 PM
Wait for the denial notice and be prepared to file MTR. Once u file MTR USCIS should accept the 485 and will processed in the normal way
Rajesh
Rajesh
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mohican
01-15 09:16 AM
Hi RajuSeattle--
You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.
Please note the response I got from the attorney of my previous employer (the one who revoked)
This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.
Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.
I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.
Mohican,
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.
Please note the response I got from the attorney of my previous employer (the one who revoked)
This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.
Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.
I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.
Mohican,
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
more...
harsh
03-17 10:03 AM
Thanks admin, and link provided by Eb3_frustrated works. Is TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS, MEDICAL PROVIDERS, AND ALIENS WITH ADVANCED DEGREES, the only one which applies to us? The reason I ask is, I was going through this section and could not find where it says, spouses and children of primary applicant are excluded from cap count. Am i missing something or it has been removed?
bestia
07-18 03:07 AM
... I have seen a few threads in the past where someone stuck in BEC was just venting and then ppl come along and tell them to "be happy for others". I don't get it....
Come on, man. We are paying too much attention here. Look, there is always somebody stuck somewhere. People are stuck in BEC, in other contries. People are stuck in Afganistan, Bangalore, there are hungry people stuck in Africa. So? If there are hungry people, then I can't enjoy my dinner then? Someone always has to come and say "you enjoy and there are people stuck somewhere"? What's your reaction would be if someone come on your wedding and start complaining that he is impotent? - these are a little extreme examples, just to make a point.
I'm a June filer, and this July thing will hit me too, but I still congratulate those July filers. So what? I understand that we will start getting our EADs in a year (so we would be applying for next EAD once we got current one). I understand that USCIS officers will be irritated and pissed, they will be under tons of application and everybody will be calling and bugging them. So? I realize that it maybe will take 3-4 years for us to get GC. So? I realize that DOS might retrogress now dates for many years on Oct, and will not do the same stupid mistake as making dates current and unleashing the voluntary slaves. So?
Today was little tiny success and it was day of tiny celebration. There is day for complaining and there is day for celebration.
Come on, man. We are paying too much attention here. Look, there is always somebody stuck somewhere. People are stuck in BEC, in other contries. People are stuck in Afganistan, Bangalore, there are hungry people stuck in Africa. So? If there are hungry people, then I can't enjoy my dinner then? Someone always has to come and say "you enjoy and there are people stuck somewhere"? What's your reaction would be if someone come on your wedding and start complaining that he is impotent? - these are a little extreme examples, just to make a point.
I'm a June filer, and this July thing will hit me too, but I still congratulate those July filers. So what? I understand that we will start getting our EADs in a year (so we would be applying for next EAD once we got current one). I understand that USCIS officers will be irritated and pissed, they will be under tons of application and everybody will be calling and bugging them. So? I realize that it maybe will take 3-4 years for us to get GC. So? I realize that DOS might retrogress now dates for many years on Oct, and will not do the same stupid mistake as making dates current and unleashing the voluntary slaves. So?
Today was little tiny success and it was day of tiny celebration. There is day for complaining and there is day for celebration.
more...
ishwindersidhu
02-13 03:44 AM
are you a nurse??
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Macaca
09-11 04:19 PM
Chains of habit
are too light to be felt
until they are
too heavy to be broken
Warren Buffet
are too light to be felt
until they are
too heavy to be broken
Warren Buffet
more...
nk2
06-22 12:42 PM
With LC substitution Going away and 45 days between LC and I-140 and people able to apply in July for i-485 , with in next 3 months, INS will have a good knowledge how many are pending and how many years it will take .
Poeple should be able to get EAD and enjoy their time.
More H4's armed with EAD will enter the job market, Guess, more Testers, Java, .net developers driving the billing rates down and too much of unexpected mess
Get ready
People with EAD feel more secure in their jobs. Unlike those on H1 who have to keep their job, people with EADs are free to change their jobs anytime. You know what happens when people are free to change jobs? As soon as they feel they are not getting fair deal, they move to another job, a better paying job. The salaries will actually go up, not down.
Poeple should be able to get EAD and enjoy their time.
More H4's armed with EAD will enter the job market, Guess, more Testers, Java, .net developers driving the billing rates down and too much of unexpected mess
Get ready
People with EAD feel more secure in their jobs. Unlike those on H1 who have to keep their job, people with EADs are free to change their jobs anytime. You know what happens when people are free to change jobs? As soon as they feel they are not getting fair deal, they move to another job, a better paying job. The salaries will actually go up, not down.
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Pandi
05-17 02:05 PM
I have sent the email to my local senators :)
more...
anu_t
05-17 11:42 AM
Doing it Right Now. Thanks . Go IV Go.
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AuntyDan
06-19 07:49 PM
The problem is quota of 90,000 visas is available for petitions filed before October 1st 2007. MBS will not start until October 1st 2008 (because of 270 days gap).
So assuming this is all correct and comes to pass what will EB GC applicants do from the date this is decreed to take effect (May 15th, June 19th October 1st etc.) until October 2008? Will there just be no applications allowed for over a year and existing applications made past the cut-off date get scrapped?
So assuming this is all correct and comes to pass what will EB GC applicants do from the date this is decreed to take effect (May 15th, June 19th October 1st etc.) until October 2008? Will there just be no applications allowed for over a year and existing applications made past the cut-off date get scrapped?
more...
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vshar
05-27 09:54 AM
Contributed $100. Thanks and wish you folks all the best for your upcoming advocacy event.
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H4_losing_hope
02-26 10:54 PM
Me and my wife have sent letters to president, house rep. and senators. Will try to get some friends to send the letters.
Cheers for your efforts and please do ask your friends, that would be great! :)
Cheers for your efforts and please do ask your friends, that would be great! :)
more...
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rajsand
09-21 10:09 AM
Just an analogy please dont think i am against undocumented fellows.. They are definitely facing a bigger problem than us!
Compare the following
Nondocumented vs. Documented Legals
1] Not well educated / Highly Skilled
2] Not much computer savvy / Mostly everyone should be
3] Not have enough resources to advertise their struggle!
/ Trying all ways to advertise & campaign
4] Do not have enough monetary collection to run a rally / advt /
set up a website
/ Have some collection to do the basics
5] Come here illegally and yet have the courage to demand a legal status openly...
/ Feel shy or sorry for demanding a legal status soon! (for those who dont think
this is worthwhile)
Inspite of all these negatives , they have grouped up so well ! highly commendable. I dont know what we can learn from them, only that they are all in the same boat , but we are in different ones .. as some have got gc, some have got receipts, some are ready to wait as they have just applied, some are just not interested!!
Compare the following
Nondocumented vs. Documented Legals
1] Not well educated / Highly Skilled
2] Not much computer savvy / Mostly everyone should be
3] Not have enough resources to advertise their struggle!
/ Trying all ways to advertise & campaign
4] Do not have enough monetary collection to run a rally / advt /
set up a website
/ Have some collection to do the basics
5] Come here illegally and yet have the courage to demand a legal status openly...
/ Feel shy or sorry for demanding a legal status soon! (for those who dont think
this is worthwhile)
Inspite of all these negatives , they have grouped up so well ! highly commendable. I dont know what we can learn from them, only that they are all in the same boat , but we are in different ones .. as some have got gc, some have got receipts, some are ready to wait as they have just applied, some are just not interested!!
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anjans
07-15 11:25 PM
only the month of AUg approvals is going to validate or invalidate...but makes sense so far. ;-)
more...
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mrdelhiite
07-20 02:03 PM
Hi ,
I have a my my case in pending state for H1B transfer from company A to company B.
Pending status h1b with company B.
From Company A : I got the Labor and I140 Approved.
I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.
Can someone try to help me on it:(
H1 and green card are seprate things. H1 is for current employement and green card is for future. If down teh line you can come back to employer A you should be fine. Although all this can generate a RFE. Please consult a lawyer. I recommend Rajiv.
Hope it helps.
-M
I have a my my case in pending state for H1B transfer from company A to company B.
Pending status h1b with company B.
From Company A : I got the Labor and I140 Approved.
I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.
Can someone try to help me on it:(
H1 and green card are seprate things. H1 is for current employement and green card is for future. If down teh line you can come back to employer A you should be fine. Although all this can generate a RFE. Please consult a lawyer. I recommend Rajiv.
Hope it helps.
-M
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zoooom
03-13 05:05 PM
I am in almost exactly the same situation as you... I wonder if this can be done as well... On the other hand, as long as AC21 and EAD are prevalent (as long as we can indeed get 3 yr EAD) it is atleast not as bad for us...
I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD
Yeah agreed...atleast we r lucky in that sense. But looks like now EB3 is not going anywhere. I might be wrong but till I dont see some good movement in EB3 category I choose to remain pessimistic...
I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD
Yeah agreed...atleast we r lucky in that sense. But looks like now EB3 is not going anywhere. I might be wrong but till I dont see some good movement in EB3 category I choose to remain pessimistic...
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stueym
07-06 11:00 AM
Bobzibub you are a funny guy :-) That made me smile. Maybe we should petition for you for an EB1NIW as a comedy script writer of international reknown! :D
Tito_ortiz
12-04 04:47 PM
Well, one could argue that North Americans have access to the TN visa, which is kind of easier to apply. Similarly, the E visa for Australians as far as I know doesn't allow a dual intent;therefore the H visa still has an advantage over the Australian one.
Am I right ?
Why doesnt US govt allow H4 Visa holders to work like Australian Govt does??????
Rather than crying for shortage of Manpower they should utilize the talent already present in the country. Has someone every raised this issue with the senate? I dont think so....and I think there is no forum also to take it up.
This is a pure case of discrimination.
Please think and contrubute.
Regards,
:)
Am I right ?
Why doesnt US govt allow H4 Visa holders to work like Australian Govt does??????
Rather than crying for shortage of Manpower they should utilize the talent already present in the country. Has someone every raised this issue with the senate? I dont think so....and I think there is no forum also to take it up.
This is a pure case of discrimination.
Please think and contrubute.
Regards,
:)
paskal
06-19 04:24 PM
End of Page 291
please read carefully
there is NO change
changes will come by amendement only...
please read carefully
there is NO change
changes will come by amendement only...
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