chanduv23
10-21 03:08 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
wallpaper Starsky+and+hutch+2004
tinamatthew
07-20 12:57 PM
Hey make sure that I am right by talking to an attorney. They usually charge $150 for for this suggestion. Please spend that money. If you do not have that money, I will give you a loan. Pay me back once you start working.
:)
:)
julsun
01-04 11:11 AM
Has anybody called the USCIS customer service number regarding AP ?
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
2011 Ben+stiller+do+it
susie
07-07 01:32 AM
Please, please update when you get any news.
I have a very dicey situation with my son, who is turning 21 in January 2008.
Good luck for the outcome!
Hi
Case filed end March 07 at Tampa mid district. They had 60days to respond , so by end May 07 should have heard
Just before end May 07 they asked for another 30days and as a professional curtesy my attorney agreed, so should have heard by end June 07
Just before end June the Attorney General's legal department called my attorney and asked yet again for another 30days !!! as my case paperwork with them was very thin (whatever that means) Their attorney stated on the phone they would like to resolve, again whatever that is supposed to mean
Apparently Geoff Gorsky has not replied to his own attorney ! so their attorney has asked for all and any evidence we have on CSPA case.
Today 6th July 07 I drove from Orlando to Tampa to hand deliver my case file, but my attorney has stated they will not be allowed more extra time as we will be at 120 days wait at end of July 07
The CSPA is badly written and needs leglislative fix, Myself and another member have written our own draft amendment for legislation to protect all children from aging out. This has beed passed to Dave Weldon's office and in turn passed to his legislators, so will see what happens
I will update you all as if I win my case could well assist many others if they are advised their child has aged out. If you wish to support our efforts please join www.expatsvoice.org
I have a very dicey situation with my son, who is turning 21 in January 2008.
Good luck for the outcome!
Hi
Case filed end March 07 at Tampa mid district. They had 60days to respond , so by end May 07 should have heard
Just before end May 07 they asked for another 30days and as a professional curtesy my attorney agreed, so should have heard by end June 07
Just before end June the Attorney General's legal department called my attorney and asked yet again for another 30days !!! as my case paperwork with them was very thin (whatever that means) Their attorney stated on the phone they would like to resolve, again whatever that is supposed to mean
Apparently Geoff Gorsky has not replied to his own attorney ! so their attorney has asked for all and any evidence we have on CSPA case.
Today 6th July 07 I drove from Orlando to Tampa to hand deliver my case file, but my attorney has stated they will not be allowed more extra time as we will be at 120 days wait at end of July 07
The CSPA is badly written and needs leglislative fix, Myself and another member have written our own draft amendment for legislation to protect all children from aging out. This has beed passed to Dave Weldon's office and in turn passed to his legislators, so will see what happens
I will update you all as if I win my case could well assist many others if they are advised their child has aged out. If you wish to support our efforts please join www.expatsvoice.org
more...
apb
09-16 12:52 AM
Bump
softcrowd
01-06 12:00 PM
I studied in IIT (B.Tech), got M.S. and Ph.D. from here and now a professor. My observations/opinions are as follows:
2. ....The rest are just crappy. And I know how crappy can they be from my experience. I have the misfortune of teaching 100's of students who come here with an Anna University (or Osmania) B.Tech./B.E. degree in engineering, and knows absolutely nothing. And I am not exaggerating: they cannot write an elementary program in any language (apparently they learn something called "theoretical" computer programming in which they do not actually learn to program); does not know any mathematics (most cannot integrate x*exp(x); one student could not tell me what is f(0.7) by looking at a graph of x vs. f(x)) and cannot operate simple lab equipments. It is just unbelievable! Anyway, moving on.
I am not sure why people jump onto drawing conclusions so fast...look at the above post from a so called professor....he encountered a couple of a folks from some universities & concludes that those universities are just crappy....!! Many of my colleagues are from the professors' "oh-so-good" list of IITs/univs and they are no better!! (In fact, some of them suck so bad)!!
raysaikat - Do you really think any student from the above crappy-univs could not tell what is f(0.7) by looking at the graph?? Do you really think those univs (anna/osm...) are so bad? Now another question for you prof....how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??
PS: Sorry for digressing from the main topic of the thread.
2. ....The rest are just crappy. And I know how crappy can they be from my experience. I have the misfortune of teaching 100's of students who come here with an Anna University (or Osmania) B.Tech./B.E. degree in engineering, and knows absolutely nothing. And I am not exaggerating: they cannot write an elementary program in any language (apparently they learn something called "theoretical" computer programming in which they do not actually learn to program); does not know any mathematics (most cannot integrate x*exp(x); one student could not tell me what is f(0.7) by looking at a graph of x vs. f(x)) and cannot operate simple lab equipments. It is just unbelievable! Anyway, moving on.
I am not sure why people jump onto drawing conclusions so fast...look at the above post from a so called professor....he encountered a couple of a folks from some universities & concludes that those universities are just crappy....!! Many of my colleagues are from the professors' "oh-so-good" list of IITs/univs and they are no better!! (In fact, some of them suck so bad)!!
raysaikat - Do you really think any student from the above crappy-univs could not tell what is f(0.7) by looking at the graph?? Do you really think those univs (anna/osm...) are so bad? Now another question for you prof....how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??
PS: Sorry for digressing from the main topic of the thread.
more...
needhelp!
09-10 05:40 PM
Thank you singam, cirigadi, sirinme
Once again.. those who want to contribute smaller amounts.
Send them to:
Immigration Voice
PO Box 114
Dayton
New Jersey -08810
Telephone: (202) 386-6250
Once again.. those who want to contribute smaller amounts.
Send them to:
Immigration Voice
PO Box 114
Dayton
New Jersey -08810
Telephone: (202) 386-6250
2010 As it happens, Ted had quite a
sats123
06-12 04:30 PM
Did any one got DL renewed based on receipt notice in Arizona recently.
more...
gcseeker2002
04-04 05:30 PM
how come you joined the company in 11/2010 and applied on 12/22/2010 ? my lawyer is in the 3rd week and finalizing job description. she says advertising takes 30 days, pwd takes 6 weeks, etc etc, and that it cannot be approved without atleast 90 days of prepwork.
no answer ?
no answer ?
hair Stiller#39;s multi-gear ability
desi3933
08-04 03:43 PM
I'm not getting what's your point. All I am telling this guy and others that I need some statistics and why it is important to me. People who like my point will write them and people who will not like my point but still have the problem will modify the letter accordingly and people who should not care since they are not affected should just ignore this thread and move....
My best wishes are with you.
Go ahead and send your letter, that includes line like Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
Please keep us posted on updates. Thanks! ;)
My best wishes are with you.
Go ahead and send your letter, that includes line like Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
Please keep us posted on updates. Thanks! ;)
more...
GTGC
09-13 07:52 PM
Press Release sent to
Star TV Asia
Buffalo News
Star TV Asia
Buffalo News
hot Crimes of fashion: Ben Stiller
satyasaich
03-08 10:38 AM
senator from Kansas:amendment to eliminate visa cap for nurses and therapists.
Oneway, it will be good for EB visas i guess
interesting to listen this judiciary meeting
stay tuned
Oneway, it will be good for EB visas i guess
interesting to listen this judiciary meeting
stay tuned
more...
house Ben Stiller
iamreddy1
01-05 06:04 PM
My labour was filed in Dec 2004 With Boston DOL. I got my 45 day letter form philli processing center in aug 2006.
tattoo Ben+stiller+do+it
eb3_nepa
06-01 11:28 AM
pretty soon they will start requiring photos from worksite to prove that employee exists and that the company exists and is present in the US. LOL :D (I think this was a requirement for H1B...may still be a requirement):rolleyes:
Just to let u know, during my H1 processing, my H1 was thrown back to my lawyer asking them to send photographs of my workplace and co-workers, server room, my desk. I had to use an entire disposable camera for the same. To make things even funnier, i was not even the First one to be on H1 in my company. We had atleast 7-8 H1's at one point in time. The reason given for a throw back was, that this company seems quite new and small.
I know this is off topic, but since someone has raised this point albeit in jest, i thought i should let people on here know that UCSIS has it's own whims and fancies at times. So if something similar has happened to you in the past know that you may not be alone. :)
Just to let u know, during my H1 processing, my H1 was thrown back to my lawyer asking them to send photographs of my workplace and co-workers, server room, my desk. I had to use an entire disposable camera for the same. To make things even funnier, i was not even the First one to be on H1 in my company. We had atleast 7-8 H1's at one point in time. The reason given for a throw back was, that this company seems quite new and small.
I know this is off topic, but since someone has raised this point albeit in jest, i thought i should let people on here know that UCSIS has it's own whims and fancies at times. So if something similar has happened to you in the past know that you may not be alone. :)
more...
pictures Do it. Do it. Do it.
pappu
08-28 10:56 AM
since this last month has been one of the most frustrating in terms of any movement from any standpoint...thought i d write another op ed
==================================================
Where is my Ellis Island?
yabadaba
IV member
Thank you very much for your effort. IV team is working on getting op-eds published.
==================================================
Where is my Ellis Island?
yabadaba
IV member
Thank you very much for your effort. IV team is working on getting op-eds published.
dresses Starring: Ben Stiller, Owen
Becks
01-04 03:20 PM
Hi Friends, I went to DMV PA (Bridgevile) to renew my drivers license recently. They are not accepting original EAD/ AP, copy of 485 receipt plus employer letter. They are asking for original 485 receipt. Unfortunately my ex-employer did not give the original receipt.
Did any body renew the PA DL without original 485 receipt?
Did any body renew the PA DL without original 485 receipt?
more...
makeup starsky and hutch do it do it
Googler
04-30 03:28 PM
Taking a break at work so decided to listen in. Aytes said something astonishing a little bit ago -- the FIFO was a great idea but under present circumstances it is not...something about very early PD applications may take longer...
This is an outrageous statement and he deserves to be berated and grilled about it. I hope IV core is paying attention and will bring this to Lofgren's attention.
I hope a full transcript will be made available. There should be a point by point response to all their BS.
This is an outrageous statement and he deserves to be berated and grilled about it. I hope IV core is paying attention and will bring this to Lofgren's attention.
I hope a full transcript will be made available. There should be a point by point response to all their BS.
girlfriend Ben Stiller ~Owen Wilson 2004
pappu
08-16 10:11 AM
I happen to be a freelance writer (not a journalist). In response to this thread, I have penned a 2,700 word commentary on the current challenges titled "The Plight of Promise". In order to beef it up with some compelling statistics, can 5 or 6 people respond to this thread with anonymized details of their specific circumstances and how they are suffering. Keep it to 2 or 3 sentences. I will cull out required data points to make the case. For ex:
- AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...
If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.
Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!
hastily, but sincerely,
obviously
Thanks a lot for the post. pls PM me your contact email and phone and we will be in touch for help on some cases amongst IV members you can use for your piece.
- AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...
If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.
Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!
hastily, but sincerely,
obviously
Thanks a lot for the post. pls PM me your contact email and phone and we will be in touch for help on some cases amongst IV members you can use for your piece.
hairstyles Starsky And Hutch 2004.
rdehar
06-04 01:39 PM
One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
kshitijnt
04-30 03:59 PM
Aytes basically gave a message, if you legislate we will slow it down through administration.
He doesnt want to be bothered.
He doesnt want to be bothered.
vallabhu
01-05 09:40 AM
My cousin filed her application in May 2003 from vermont, the case was shipped to Phil and se got her approval in September 2005.
I guess they are curently processed November 03'
I guess they are curently processed November 03'
