stucklabor
08-15 01:34 PM
All,
Some persuasive articles have been written.
However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.
My 2c.
Some persuasive articles have been written.
However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.
My 2c.
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Eb3_frustrated
04-25 02:22 PM
Learning01,
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
smisachu
09-13 05:32 PM
How about contacting Bloomberg Radio? I heard about IV first on it in 2006.
They ran a nice segment and talked to one of the core members. I think it was very effective. They are pro business and any issue affecting "MSFT, GOOG, INTC" is big news for them....
They ran a nice segment and talked to one of the core members. I think it was very effective. They are pro business and any issue affecting "MSFT, GOOG, INTC" is big news for them....
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needhelp!
09-10 05:06 PM
vandanaverdia's friend, stillhopefull , asanghi, axp817, xtetic , srgadi, gcnirvana, himu73, iqube00, desperatedesi , Harivinder, vijay1974 , manugee, niva
more...
NNReddy
09-05 12:57 AM
I came to USA in July 1997. I did my masters here. I worked for 3 fortune 500 companies so far. I have been with one company since last 11 years. I am on EB3(mar 2003). I am a senior manager in fortune 50 company and on the path towards directorship. I wish I had green card, that didn't prevent me from having a good life and career. I brought an house 10 years ago. All I can see few more years of wait. Reg' Pappu post about action, the only action I can take is converting my case to EB2, which I tried several times within the company and it didn't work. The second action I can take is change employer. I have a good career, pay in this job, not sure if I would be able to get same one outside.
somegchuh
01-04 04:33 PM
I see that a lot of us feel really stuck because of the long GC process and yet we continue to wait. Eventually we all want to have:
1. Freedom to switch jobs
2. Freedom to start businesses
3. Freedom to travel
4. Freedom to have spouse working
I hope and pray that it comes thru sooner than later for all of us. Let's say you get your GC in 1-2-x years. How many years after that would you go back? 2-3 or wait till you get US citizenship? Would you give up the GC after having spent 5+ years waiting and maybe a total of 8-10+ years in US?
For those of us who are thinking that I want to go back eventually, what steps do you plan to take once you get your GC? The reason I raise this question is, it was easy to adapt to a new place when you were young. 6-10 years later (and a couple of kids later :-) what are some of the things you intend to do make your transition homewards easier? Has anyone considered taking on positions with significant travel to India(or your home country) so that you can get accustomed to the lifestyle/work environment/business back home?
1. Freedom to switch jobs
2. Freedom to start businesses
3. Freedom to travel
4. Freedom to have spouse working
I hope and pray that it comes thru sooner than later for all of us. Let's say you get your GC in 1-2-x years. How many years after that would you go back? 2-3 or wait till you get US citizenship? Would you give up the GC after having spent 5+ years waiting and maybe a total of 8-10+ years in US?
For those of us who are thinking that I want to go back eventually, what steps do you plan to take once you get your GC? The reason I raise this question is, it was easy to adapt to a new place when you were young. 6-10 years later (and a couple of kids later :-) what are some of the things you intend to do make your transition homewards easier? Has anyone considered taking on positions with significant travel to India(or your home country) so that you can get accustomed to the lifestyle/work environment/business back home?
more...
srhari
07-14 04:01 PM
Simply send the check of $5 to Immigration Voice at the address listed in the first post as if you were paying a utility bill. That way your bank will send IV a check of $5.00 (or whatever amount you want it to) and IV gets the WHOLE $5 and no fees are deducted.
Thanks for the information. Just paid $20 using online Bill Pay from BOA (Confirmation #: 7YBC0-Y1MRW).
Thanks for the information. Just paid $20 using online Bill Pay from BOA (Confirmation #: 7YBC0-Y1MRW).
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hmehta
07-13 07:47 PM
I also live in So Cal, Ventura County - Thousand Oaks area. Count me in.
more...
himu73
09-09 01:18 PM
You need to have proper knowledge of the market to invest anywhere. Most of the things you have stated make it clear that you have never been a real estate investor.
I think you missed a chance by not investing in India through 2001 to 2005.Money has doubled tripled and there are buyers who can afford to buy in Tier 1 cities. Those are not the EMPLOYED people but the SELF-EMPLOYED ones.
Study the market carefully and make sound decisions whether India or anywhere but dont make comments based on some analysis.
Also,Investing is an ongoing exercise, whether Real estate,Stocks. you cannot just wake up one day and say I want to invest in Indian real estate. You need to build a portfolio similar to the way you do for Stocks. Start with a some research and a small investment. My suggestion is to join a group of people who are already doing some Real estate investment and go along with them. Just reading someone else's comments and coming to a conclusion is not good. Do more research ,Invest time, Wait for the right opportunity.
Just my few cents.
Just additionally, It is not a good idea to invest in a House in India right now just as a pure Investment. You are right on that part.
I think you missed a chance by not investing in India through 2001 to 2005.Money has doubled tripled and there are buyers who can afford to buy in Tier 1 cities. Those are not the EMPLOYED people but the SELF-EMPLOYED ones.
Study the market carefully and make sound decisions whether India or anywhere but dont make comments based on some analysis.
Also,Investing is an ongoing exercise, whether Real estate,Stocks. you cannot just wake up one day and say I want to invest in Indian real estate. You need to build a portfolio similar to the way you do for Stocks. Start with a some research and a small investment. My suggestion is to join a group of people who are already doing some Real estate investment and go along with them. Just reading someone else's comments and coming to a conclusion is not good. Do more research ,Invest time, Wait for the right opportunity.
Just my few cents.
Just additionally, It is not a good idea to invest in a House in India right now just as a pure Investment. You are right on that part.
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needhelp!
09-12 11:32 AM
thanks IV
more...
Milind123
09-14 12:34 AM
Paypal Confirmation Number: 7GT536924Y063193D
Thank you dtekkedil for the nice contribution of $200 and I also thank ivvm for contributing $50. Normally our special guest fires at the end. But because he fired first lets have this round in reverse. I will post my contribution now. Still need 3 more brand new contributors to contribute $100 each.
Thank you dtekkedil for the nice contribution of $200 and I also thank ivvm for contributing $50. Normally our special guest fires at the end. But because he fired first lets have this round in reverse. I will post my contribution now. Still need 3 more brand new contributors to contribute $100 each.
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vjkypally
07-06 05:47 PM
Does Condi know what shes speakin? That they worked during weekend clearing 25000 visas so that no one can apply on July 2nd.
more...
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eb3_nepa
07-14 02:29 PM
Dear IVians
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
Excellent job Satya. People please learn from Satya's example.
Please contribute $5 for yourself and $5 for your spouse. NO other website asks for donations as low as $5.
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
Excellent job Satya. People please learn from Satya's example.
Please contribute $5 for yourself and $5 for your spouse. NO other website asks for donations as low as $5.
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PrayForEveryone
07-23 03:57 PM
I know 3 friends of mine who got an email for USCIS rearding the GC approval. They all had priority dates around April-June 2004 EB3 India. These are the lucky ones who got labor cleared in 2-3 months (just prior to BEC/PERM) and had filed 485/140 concurrently.
more...
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makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
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julsun
01-12 04:29 PM
Hi,
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I did open SR for my wife's AP a week back. USCIS emailed us asking for us to fax documentation in support for request for expedited processing of AP. We did that. Called up USCIS again on Friday and they said they are still working on (although it seems SRs are to be decided on within 5 days. Thats why customer service folks told us).
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I did open SR for my wife's AP a week back. USCIS emailed us asking for us to fax documentation in support for request for expedited processing of AP. We did that. Called up USCIS again on Friday and they said they are still working on (although it seems SRs are to be decided on within 5 days. Thats why customer service folks told us).
more...
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gcisadawg
02-08 02:39 AM
If the girl is working and earning money, she has all the rights to spend the way she wants, including giving money to her parents. If she is not working, then help should be based only on humanitarian basis because we never know when one's financial situation changes. I can't understand how any girl can force her husband to spend for her parents and siblings especially when she is not earning.
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plassey
07-20 10:17 PM
Wake up Ms Matthew,
They are talking about EAD only.
Thank you!! That's true exagerated values. With concurrent filing you can travel in and out of the country, you can work etc. Now we are moaning that the greencard is going to take forever! Wow! Be happy with this situation (file your i-140 & i-485) and stop these pessimistic views!
They are talking about EAD only.
Thank you!! That's true exagerated values. With concurrent filing you can travel in and out of the country, you can work etc. Now we are moaning that the greencard is going to take forever! Wow! Be happy with this situation (file your i-140 & i-485) and stop these pessimistic views!
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Milind123
09-14 11:15 PM
I got the following from the "Announcement: Bus Logistics from Tri State Area" thread.
3. The ride may be free but it has cost us $2200 per bus so any contribution to IV is appreciated.
Please don’t consider $100 is a small amount. In this double round of 21 shots we are going to cover almost the cost of this bus trip. Please consider pulling the trigger. We still need 3 sponsors to motive the two members who will contribute for the first time.
Here is my shot to motivate one of you. And I am certain the next person will encourage two more sponsors to step up.
$100 Order Details - Sep 14, 2007 11:32 PM EDT Google Order #761753817279939
Added at 12:07 AM EST
Its that time of the night where I am writing and reading my own posts. Good night Folks!
3. The ride may be free but it has cost us $2200 per bus so any contribution to IV is appreciated.
Please don’t consider $100 is a small amount. In this double round of 21 shots we are going to cover almost the cost of this bus trip. Please consider pulling the trigger. We still need 3 sponsors to motive the two members who will contribute for the first time.
Here is my shot to motivate one of you. And I am certain the next person will encourage two more sponsors to step up.
$100 Order Details - Sep 14, 2007 11:32 PM EDT Google Order #761753817279939
Added at 12:07 AM EST
Its that time of the night where I am writing and reading my own posts. Good night Folks!
test101
07-05 04:08 PM
Please no web faxes.. if you want to do anythin fax you personal story.
personal stories and simple words are making effect more than standered fax.
personal stories and simple words are making effect more than standered fax.
chanduv23
11-20 10:22 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
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