tikka
05-22 03:42 PM
Contributed $100 today...
Go IV
Go IV
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vinodmp
02-11 11:45 AM
OK. I received the Denial letter today and below is the extract from it.
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
JazzByTheBay
08-15 12:32 PM
AC21 applies specifically to the time before you get GC. Even if you do use AC21, you should have the intention to stay with the employer you're with or the future employer (who submits an employment letter attesting they have a permanent job offer which is similar in scope in the LCA and I-140 petition) at the time of GC Approval.
The 90-day timeframe is sufficient to establish intent, as posted earlier.
jazz
[quote=Slowhand;147322]
If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.
cheers
The 90-day timeframe is sufficient to establish intent, as posted earlier.
jazz
[quote=Slowhand;147322]
If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.
cheers
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mihird
09-15 10:28 AM
Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
First and foremost, if you lose a job, it doesn't matter what your immigration status, life is going to become difficult for you and your dependents.
I lost my job in the 7th year of H1 but since I had well researched and planned for that scenerio before entering into the 7th year, I am still here in a new job with an anticipated 3 year extension from 2007-2010.
If a lobor from your previous job has been pending for more than 365 days, you are able to port the benefit of the 7+ year extensions to the new job. This will let you survive the 7th year job loss.
Likewise there is a "best possible" solution to all the hardships that you have listed above and that "best possible" solution will vary from person to person and hardship to hardship.
Life takes planning, no matter what your immigration status.
My friend who is an EB GC holder just sold his house and took a $40000 loss. Bad planning on his part. Purchased the house at the wrong time and sold it at the wrong time too.
Since he sold his house, he is forced to move and so his kids schooling is distrubed too.
Its been 3 months he has moved to his apartment and his other half doesn't like the apartment lifestyle after having lived in a house for a year.
Did his GC help in all this???
Compare that to me, I am not a GC holder.
I am sitting on $240,000 equity in my house for which I have no plans to sell.
I too was forced to move due to a recent 7th year H1 job loss, and miss my boating trips to the lake near my old house. My new job is a 100 miles away from my house so I decided to do weekend commutes to the old house, and still manage to hit the lake every weekend.
My better half also didn't want to move in an apartment due to my new job. Good enough, we leveraged the equity in our 1st house & higher income from the new job to buy a 2nd house near the new job site.
Did my not having the GC hurt???
GC or H1 didn't matter, good planning is what has helped me, and bad planning is what doomed my friend...
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
First and foremost, if you lose a job, it doesn't matter what your immigration status, life is going to become difficult for you and your dependents.
I lost my job in the 7th year of H1 but since I had well researched and planned for that scenerio before entering into the 7th year, I am still here in a new job with an anticipated 3 year extension from 2007-2010.
If a lobor from your previous job has been pending for more than 365 days, you are able to port the benefit of the 7+ year extensions to the new job. This will let you survive the 7th year job loss.
Likewise there is a "best possible" solution to all the hardships that you have listed above and that "best possible" solution will vary from person to person and hardship to hardship.
Life takes planning, no matter what your immigration status.
My friend who is an EB GC holder just sold his house and took a $40000 loss. Bad planning on his part. Purchased the house at the wrong time and sold it at the wrong time too.
Since he sold his house, he is forced to move and so his kids schooling is distrubed too.
Its been 3 months he has moved to his apartment and his other half doesn't like the apartment lifestyle after having lived in a house for a year.
Did his GC help in all this???
Compare that to me, I am not a GC holder.
I am sitting on $240,000 equity in my house for which I have no plans to sell.
I too was forced to move due to a recent 7th year H1 job loss, and miss my boating trips to the lake near my old house. My new job is a 100 miles away from my house so I decided to do weekend commutes to the old house, and still manage to hit the lake every weekend.
My better half also didn't want to move in an apartment due to my new job. Good enough, we leveraged the equity in our 1st house & higher income from the new job to buy a 2nd house near the new job site.
Did my not having the GC hurt???
GC or H1 didn't matter, good planning is what has helped me, and bad planning is what doomed my friend...
more...
pointlesswait
02-23 06:27 PM
wa ever suits u..pea brain..
there was nothing in my post to get offended abt...
the book was called Q&A.. how do u end up with a title of SlumDOG..
u jump me.,..just because i call the bluff of fake liberals on this board..
Can't you write a simple sentence without offending others? Furthermore nothing makes sense in your post. What's wrong with eating curd rice and pickle? If I eat beef with my Armani suit then you will think off me differently? At least that guy makes a stand and not drink, I wonder what you do? You hit the pub with your parents? Moron.
Only in a Desi website you will find million different ways to butcher someone.
.
there was nothing in my post to get offended abt...
the book was called Q&A.. how do u end up with a title of SlumDOG..
u jump me.,..just because i call the bluff of fake liberals on this board..
Can't you write a simple sentence without offending others? Furthermore nothing makes sense in your post. What's wrong with eating curd rice and pickle? If I eat beef with my Armani suit then you will think off me differently? At least that guy makes a stand and not drink, I wonder what you do? You hit the pub with your parents? Moron.
Only in a Desi website you will find million different ways to butcher someone.
.
wrldnw4me
02-24 01:03 PM
Did my part..
Thanks for all your work.
Thanks for all your work.
more...
singhsa3
08-13 09:16 PM
Macca and I , we breifly spoke on phone, he will be posting the revise fact sheet soon
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sanju
04-29 06:02 PM
Best way is some of the provisions in Durbin bill to restrict some abuse. Only bad thing in Durbin bill is it is banning consulting with H1bs. Other than this provision everything is good. Instead of opposing the entire bill it is better to oppose only that section.
Here this is what your views are
___________________________________
___________________________________
You know what this is?
This is your tunnel vision....
You have no clue about the implication of Durin bill but you seem to think that your tunnel vision is the wisdom of the gospel, the entirety of all solutions to all the problems.
Do you take your child to graveyard when your child is sick? Or do you take your child to a doctor? Durbin Grassley bill is taking H-1B program to the graveyard. But that's ok, let's all subscribe to your tunnel vision and support Durin bill..... If that passes, within one year you will come back to some forum and say that this is the worst thing to happen for this community. But again, that's ok, lets all use this.... The Tunnel Vision.
___________________________________
___________________________________
You have victory flowing all through your veins... good!!!!
Here this is what your views are
___________________________________
___________________________________
You know what this is?
This is your tunnel vision....
You have no clue about the implication of Durin bill but you seem to think that your tunnel vision is the wisdom of the gospel, the entirety of all solutions to all the problems.
Do you take your child to graveyard when your child is sick? Or do you take your child to a doctor? Durbin Grassley bill is taking H-1B program to the graveyard. But that's ok, let's all subscribe to your tunnel vision and support Durin bill..... If that passes, within one year you will come back to some forum and say that this is the worst thing to happen for this community. But again, that's ok, lets all use this.... The Tunnel Vision.
___________________________________
___________________________________
You have victory flowing all through your veins... good!!!!
more...
luckysiri
04-14 09:03 PM
Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
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funny
09-22 03:11 PM
Poll Added Folks....Lets burn those line..even if you have to go use those Milky Rollover minutes ( They are perfectly fine to user here...you don't have to throw them away )
more...
reddymjm
01-22 10:53 AM
This Tracker facility we have in IV is good. Kudos to the Admin team who implemented this thing.
These are my observations. I could be grossly mistaken. Pardon me if I am wrong.
There are approximately 26,000 people who have put in their priority dates and other such data in the tracker. When I compared similar cases, I got some 265 who were EB3 India with a priority date in 2002. That is approximately 1 %, give or take.
Here I have ignored EB3 India 2001 guys. But that number would be very less I believe.
1% of 400k is 4000 which is what USCIS issues GC for EB3 India in a year.
Does that mean I could get my GC this year.
Hope these numbers are right.
http://immigrationvoice.org/forum/showpost.php?p=303153&postcount=16
These are my observations. I could be grossly mistaken. Pardon me if I am wrong.
There are approximately 26,000 people who have put in their priority dates and other such data in the tracker. When I compared similar cases, I got some 265 who were EB3 India with a priority date in 2002. That is approximately 1 %, give or take.
Here I have ignored EB3 India 2001 guys. But that number would be very less I believe.
1% of 400k is 4000 which is what USCIS issues GC for EB3 India in a year.
Does that mean I could get my GC this year.
Hope these numbers are right.
http://immigrationvoice.org/forum/showpost.php?p=303153&postcount=16
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ANIANTCHEV
03-03 09:02 AM
I just PayPaled $300 yesterday. Please, keep all of us PBEC and DOL victims in mind as well. We need your help!!
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pani_6
06-18 01:47 PM
If you have plans to travel...could you go to the local INS office and get the AP??.AP is very important too if you are travelling
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kalia
06-13 05:06 PM
Hey bkarnik,
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
more...
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pani_6
06-18 11:31 AM
one years wait for EAD and AP..I thought they are supposed to give us EAD in 70-90 days according to some law??...
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oldschool
08-15 09:28 AM
Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
more...
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elaiyam
05-25 01:59 PM
Just I have created a google online campaign. (I am planning to run it for the next 5 days as my contribution)
EB Based Greencard Seekers
Advocacy Days in D.C. on June 7th &
8th. Just show up and support.
ImmigrationVoice.org - Home (http://www.immigrationvoice.org)
(linked to http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html)
I need more crative title / text. Please reply here or PM me with your ideas.
EB Based Greencard Seekers
Advocacy Days in D.C. on June 7th &
8th. Just show up and support.
ImmigrationVoice.org - Home (http://www.immigrationvoice.org)
(linked to http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html)
I need more crative title / text. Please reply here or PM me with your ideas.
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waitingmygc
02-11 05:54 PM
VinodMP,
Sorry to hear about your denial.
You haven�t mentioned about your education, maybe I missed it while reading the whole thread.
If your education was equivalent to US Masters (16 years) at the time of filling labor, in your case more specifically MTech or MCA etc. (16 years education) from India, both equivalent to US masters then it�s a wrong denial.
Sorry to hear about your denial.
You haven�t mentioned about your education, maybe I missed it while reading the whole thread.
If your education was equivalent to US Masters (16 years) at the time of filling labor, in your case more specifically MTech or MCA etc. (16 years education) from India, both equivalent to US masters then it�s a wrong denial.
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nrk
08-11 01:17 PM
Don't worry rangaswamy, most likely your date will be current in the coming months (before december 2010 for sure)
good luck
Thanks for the info. I went and pulled up the 9089 filing and just saw that the filing date was 15th may 2006, the expiry date was 3/31/2008 and hence i might have incorrectly assumed that the filing date was 2 years before that.
Sucks! i missed the cutoff by a week
good luck
Thanks for the info. I went and pulled up the 9089 filing and just saw that the filing date was 15th may 2006, the expiry date was 3/31/2008 and hence i might have incorrectly assumed that the filing date was 2 years before that.
Sucks! i missed the cutoff by a week
h1techSlave
07-10 11:06 AM
let us not forget in that case the British were on Indian soil, here we are doing Gandhigiri in another
country ON THEIR SOIL!!
I have read Gandhi's autobiography. He clearly explains that he first tried and succeeded using his manthra of passive resistance in South Africa against appalling treatment of Indian workers. They were on 'H1B' in South Africa and were treated worse than stray dogs. Gandhi fought against that and had some success.
So the idea of passive resistance DOES work in a foreign land. We are fighting against injustice. Even H1B folks have some fundamental human rights, whether we are in a foreign country or not.
Cheers,
h1techSlave
country ON THEIR SOIL!!
I have read Gandhi's autobiography. He clearly explains that he first tried and succeeded using his manthra of passive resistance in South Africa against appalling treatment of Indian workers. They were on 'H1B' in South Africa and were treated worse than stray dogs. Gandhi fought against that and had some success.
So the idea of passive resistance DOES work in a foreign land. We are fighting against injustice. Even H1B folks have some fundamental human rights, whether we are in a foreign country or not.
Cheers,
h1techSlave
zen
04-02 12:09 AM
Why are trying to wake up folks who are pretending that they are sleeping?
Let them pretend.
This was the same guy who said FOIA can be hung on wall like an art frame because he does not need the data. He does not care a rat's ass if you care about the data or not. When I mentioned that FOIA can also be used for making a presentation to the lawmakers on how deep the retrogression is, FOIA is ok and good. Because, it will possibly benefit him
Me! Me! Me! Me! Alllll ME!
Give me my GC IV! I will give you 25-50$ depending on my mood. What ever!
IV needs to come out with a action plan or tell what it intends to do with the donations. once they are more open, donations will flow. I know IV is non profit org but that does not mean that funds cannot be misused. (I need more red dots please :))
Let them pretend.
This was the same guy who said FOIA can be hung on wall like an art frame because he does not need the data. He does not care a rat's ass if you care about the data or not. When I mentioned that FOIA can also be used for making a presentation to the lawmakers on how deep the retrogression is, FOIA is ok and good. Because, it will possibly benefit him
Me! Me! Me! Me! Alllll ME!
Give me my GC IV! I will give you 25-50$ depending on my mood. What ever!
IV needs to come out with a action plan or tell what it intends to do with the donations. once they are more open, donations will flow. I know IV is non profit org but that does not mean that funds cannot be misused. (I need more red dots please :))
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