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n2b
08-15 12:18 PM
It would give some idea I think
http://www.usvisahelp.com/art_intent.html
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment
Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.
For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?
http://www.usvisahelp.com/art_intent.html
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment
Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.
For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?
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eb2waiter
05-14 01:48 PM
Quote by user somegchuh: "I think this is a very interesting topic. Neelima's story is about an American citizen of Indian origin. Since, she is an american she can choose to go to courts whereas we are non-immigrants with very few rights. If you are facing abuse at workplace the only solution for an H1B worker is to change jobs."
Even if you are an immigrant but as long as you are subject to the law of UnitedStates you have every right to fight discrimination and other actions that you percieve are illegal. Even Illegal immigrants can do that. It is there in one of the ammendments.
Even if you are an immigrant but as long as you are subject to the law of UnitedStates you have every right to fight discrimination and other actions that you percieve are illegal. Even Illegal immigrants can do that. It is there in one of the ammendments.
mikesin
04-07 08:11 PM
Thanks just4gc for giving me the coveted vdlrao post. I must say the ages spent analysing Visa bulletins statistics and congressional testimonials of Charles Oppenhiem have finally borne fruit ;).
I guess Illusions beat me to the prediction. I must confess I havent spent a lot of time looking at Eb3 ROW. But even then I was surprised when it stayed at May 05 for as long as it did. The Backlog Reduction Centre stuck labor, the horizontal spillover, the Eb2 India backlog are few factors for why I was surprised.
I would say dont lose hope on Eb3 ROW, but until Eb2 India backlog stays it will be slow movement except as illusions pointed out in july 09. Last VB mentioned 60% of the demand recieved is before jan 2004. Thats pointing to the older BRC cases which are now seeing the end of the tunnel. fingers crossed.
ags123,
I'm confused about the way the spill over works. Does it not go from EB1-ROW => EB2-ROW => EB3-ROW? Your post suggests that EB2-I gets the ROW spill overs before EB3-ROW. Is this the way it works? Sorry for the questions as I'm trying to understand how this works. Thanks for your response.
I guess Illusions beat me to the prediction. I must confess I havent spent a lot of time looking at Eb3 ROW. But even then I was surprised when it stayed at May 05 for as long as it did. The Backlog Reduction Centre stuck labor, the horizontal spillover, the Eb2 India backlog are few factors for why I was surprised.
I would say dont lose hope on Eb3 ROW, but until Eb2 India backlog stays it will be slow movement except as illusions pointed out in july 09. Last VB mentioned 60% of the demand recieved is before jan 2004. Thats pointing to the older BRC cases which are now seeing the end of the tunnel. fingers crossed.
ags123,
I'm confused about the way the spill over works. Does it not go from EB1-ROW => EB2-ROW => EB3-ROW? Your post suggests that EB2-I gets the ROW spill overs before EB3-ROW. Is this the way it works? Sorry for the questions as I'm trying to understand how this works. Thanks for your response.
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Almond
01-01 06:31 PM
Thanks Almond... your post summarizes exactly how ppl in my position feel. one of my frds did MBA from top 20 B-school but could not change to a new job in management career becoz his I-140 approved but did not file for I-485 yet and worse yet he crossed 6 year H1b. now he is also living on 3 year h-1b extensions with approved I-140. when he was venting his frustration like me, one a$$hole (GC holder) suggested he move back to his home country. funny thing was this a$$hole got her GC becoz she married some bakra who already applied for GC. within 6 months after she arrived in US, her huby got them GCs. This dumb wothless piece of $hit doesnt know how hard (impossible ?) to get GC in this lifetime becoz she got it in 6 months :mad: .
Yeah, and that's another thing. There are a lot of insensitive people out there who don't really know the meaning of sympathy and who think out of their butts. That is why when you feel like venting out you need to really select people that are more compassionate. No one expects a pity party, but at the same time no one should trivialize something as serious as this or give "advice" that is idiotic and that even they, had they been in this situation, would not do. I feel terrible for your friend because he has such education and is stuck like this. It feels like you're wasting the best years of your life just waiting. There is nothing that I or anyone can tell you or your friend to make you feel better but please listen to me and learn from my mistake, and tell your friend, too: DON'T WASTE THIS TIME. If you need to volunteer somewhere to use skills that you have that you are not allowed to use on your present job, DO IT. Or if you can take classes to learn new skills, DO IT. Find a way to be more than what you are now so that when this is over you are not just "floridasun, man stuck in the same job for 10 years" When you finally get out of this hell hole and someone looks at your resume and says, what, you did this for how long!? Then you can say, well I had a special situation, however, sir, look at these other things I have done.
Yeah, and that's another thing. There are a lot of insensitive people out there who don't really know the meaning of sympathy and who think out of their butts. That is why when you feel like venting out you need to really select people that are more compassionate. No one expects a pity party, but at the same time no one should trivialize something as serious as this or give "advice" that is idiotic and that even they, had they been in this situation, would not do. I feel terrible for your friend because he has such education and is stuck like this. It feels like you're wasting the best years of your life just waiting. There is nothing that I or anyone can tell you or your friend to make you feel better but please listen to me and learn from my mistake, and tell your friend, too: DON'T WASTE THIS TIME. If you need to volunteer somewhere to use skills that you have that you are not allowed to use on your present job, DO IT. Or if you can take classes to learn new skills, DO IT. Find a way to be more than what you are now so that when this is over you are not just "floridasun, man stuck in the same job for 10 years" When you finally get out of this hell hole and someone looks at your resume and says, what, you did this for how long!? Then you can say, well I had a special situation, however, sir, look at these other things I have done.
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mikesin
04-07 06:08 PM
Thanks Karthik but I am just an MS :)
But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.
With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.
Out of curiosity, what are your thoughts on ROW EB3?
But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.
With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.
Out of curiosity, what are your thoughts on ROW EB3?
texanguy
01-14 01:57 PM
H1b and Green cards are allowed to have out of country stays. so if you are out of country for less than six months, it may still be considered as continuous stay. the intent of writing the word "continuous" is to declare that at any point, the immigrant had no intentions to leave the country and relinquish his immigrant status. for the legal immigrant, that should be acceptable.
Looks like it is for illegal immigrants as it asks for continous stay. Most legals would not have stayed continously as they might went out of country for vacation
Looks like it is for illegal immigrants as it asks for continous stay. Most legals would not have stayed continously as they might went out of country for vacation
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deepikak
06-03 01:21 PM
http://www.opencongress.org/bill/110-h5882/show
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pmpforgc
07-14 10:51 PM
Because of my one of the diseases I am always worried about DISABILITY insurance.
I always try to get Short term and Long Term disability insurances through employer.
But the problem is they always start with long preexisting exlusions and when you change jobs they dont continue so have to start new one which also has other new preexisting exlusions to start.
You can convert your longterm disability to the personal policy if you have that for long time. but they are not valid if you get new job.
Is there any private/personal (not employer sponsored) Short and long term DISABILITY Insurance policies that we can purchase out side of the job.? How are the premiums? Are they reliable?
also do any of you know case where LIFE INSURANCE was actually paid and how easy/hard the process was for family?
Also similar experiences if some one know if any one used DISABILITY INSURANCE and how hard it was?
I always try to get Short term and Long Term disability insurances through employer.
But the problem is they always start with long preexisting exlusions and when you change jobs they dont continue so have to start new one which also has other new preexisting exlusions to start.
You can convert your longterm disability to the personal policy if you have that for long time. but they are not valid if you get new job.
Is there any private/personal (not employer sponsored) Short and long term DISABILITY Insurance policies that we can purchase out side of the job.? How are the premiums? Are they reliable?
also do any of you know case where LIFE INSURANCE was actually paid and how easy/hard the process was for family?
Also similar experiences if some one know if any one used DISABILITY INSURANCE and how hard it was?
more...
rameshvaid
07-14 05:38 PM
Friends,
Campaign to recapture wasted green cards is LIVE now. Please download the attached Petition. Enter your info using Pen (instead of typing it).
Mail + Email + Fax at least to two senators of your State and your local representative. I would recommend you to send to all Senators and as many representatives as you can call.
Please note that this campaign is not in place of other campaigns run by IV. Please participate fully in other campaigns too.
Please share here who, when, and how are you going to send this petition. Also share, if you get any reply.
Thanks
I faxed to 2 Senators from Ohio and 1 Representative.
Keep up the good work.
RV
Campaign to recapture wasted green cards is LIVE now. Please download the attached Petition. Enter your info using Pen (instead of typing it).
Mail + Email + Fax at least to two senators of your State and your local representative. I would recommend you to send to all Senators and as many representatives as you can call.
Please note that this campaign is not in place of other campaigns run by IV. Please participate fully in other campaigns too.
Please share here who, when, and how are you going to send this petition. Also share, if you get any reply.
Thanks
I faxed to 2 Senators from Ohio and 1 Representative.
Keep up the good work.
RV
hair the Milky Way, our galaxy,
sbabunle
07-20 03:29 PM
I can't believe both California senators voted against it.....
You too Hillary Clinton????
You too Hillary Clinton????
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pappu
11-20 12:42 PM
There are favorable indications from the industry that they will get increased H1Bs. There is hence a strong belief among many lawyers that the H1B lobby will provide some relief. But we need to meet lawmakers so that they don't forget about the Green cards.
If you live in NY state, please contact bottlemani or myself. We need to organize ourselves before meeting the lawmakers. We will also have to take the trouble to drive to their offices. If we don't do this, all these pessimistic predictions will come true. Believe me, meeting the folks in the offices of the lawmakers makes a huge difference.
I agree with you qplearn and botlemani. Thank you for making this effort. It is sad to see that only few people have signed up for state chapters. there are very few on your NY thread even though we have several members from NYC and NY state. We all need to change our attitude and help each other in this common cause. If we all think that someone/others will do it for us, then nobody will do anything and we will all continue to wait for our greencards for the next several years. IV is providing everyone an opportuity and tools to help and work. IV core is working overtime to get it done. We cannot succeed if we do not get support from each and every member.
If you live in NY state, please contact bottlemani or myself. We need to organize ourselves before meeting the lawmakers. We will also have to take the trouble to drive to their offices. If we don't do this, all these pessimistic predictions will come true. Believe me, meeting the folks in the offices of the lawmakers makes a huge difference.
I agree with you qplearn and botlemani. Thank you for making this effort. It is sad to see that only few people have signed up for state chapters. there are very few on your NY thread even though we have several members from NYC and NY state. We all need to change our attitude and help each other in this common cause. If we all think that someone/others will do it for us, then nobody will do anything and we will all continue to wait for our greencards for the next several years. IV is providing everyone an opportuity and tools to help and work. IV core is working overtime to get it done. We cannot succeed if we do not get support from each and every member.
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Daisy
10-12 02:50 PM
Sent emails to letters@economist.com and submit_help@aaas.org
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ags123
04-07 04:01 PM
Thanks Karthik but I am just an MS :)
But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.
With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.
But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.
With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.
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chansek
08-28 06:54 PM
I am happy to share good news, today My EAD status changed to CPO.
Efiled EAD on June 23, 2008
FP done on July 18, 2008,
Card Production Ordered On Aug 28, 2008.
Efiled EAD on June 23, 2008
FP done on July 18, 2008,
Card Production Ordered On Aug 28, 2008.
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vinodmp
02-05 09:32 PM
I received USCIS email today saying My I485 is denied . ( I have not received the letter yet). I did sow LUD on my I 140 last week.
I have switched employer after 7 months of 140 aproval. I also sent AC21 letters .
I do not know whether my previous employer revoked the I140 . ( it never changed the status from approved)
For those who got 485 deniel letter , did you see any LUD in I140 just before that ?
Thanks
-vinod
I have switched employer after 7 months of 140 aproval. I also sent AC21 letters .
I do not know whether my previous employer revoked the I140 . ( it never changed the status from approved)
For those who got 485 deniel letter , did you see any LUD in I140 just before that ?
Thanks
-vinod
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a1b2c3
10-02 09:26 PM
http://immigrationvoice.org/forum/showthread.php?t=21833
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sanju
02-23 08:38 AM
I just dont get it. A.R Rehman has been doing amazing work for ages now and it needed a British movie to take him to the world stage. Really, his work in Dil Se...was way better than what he did in Slumdog.
Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.
Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.
.
Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.
Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.
.
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gc101
07-18 07:08 PM
But, will there be a scenario where my AOS gets approved before my PD is current AGAIN? That is what I am afraid of.
Send her application in the day ur PD becomes current (it may take many years unless congress passes some law) it is highly unlikely that they will approve ur application in one day.
Send her application in the day ur PD becomes current (it may take many years unless congress passes some law) it is highly unlikely that they will approve ur application in one day.
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unitednations
04-20 11:57 AM
Same case was with me. They picked on my 3 year bachelor degree. Can i do appeal after 2 years ?
Not appeal but rather re-filing as a fresh 140. The labor doesn't expire as long as you had filed an i-140 in the past when the labor was valid.
Not appeal but rather re-filing as a fresh 140. The labor doesn't expire as long as you had filed an i-140 in the past when the labor was valid.
mrsahaayam
03-17 08:04 PM
Call yourself a shoplifter, but you are really a petty criminal. You have yourself proved so by pleading guilty.
I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
Other than that, no excuse.
For all who replied well to my thread.. Thanks a million. to whom, trying to blame me etc.. If you want to reply with good answer you are welcome to do so...else DON'T EVEN REPLY.
Now another question to you guys who are blaming me......
Did not you guys ever used office stuff/taking printouts of ur personal use/ using ofice phone for personal use etc in your life? If you have done so.. YOU ARE ALSO THIEVES. YOU did not get caught, thats the basic difference...
Thanks guys
Have fun!!!
I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
Other than that, no excuse.
For all who replied well to my thread.. Thanks a million. to whom, trying to blame me etc.. If you want to reply with good answer you are welcome to do so...else DON'T EVEN REPLY.
Now another question to you guys who are blaming me......
Did not you guys ever used office stuff/taking printouts of ur personal use/ using ofice phone for personal use etc in your life? If you have done so.. YOU ARE ALSO THIEVES. YOU did not get caught, thats the basic difference...
Thanks guys
Have fun!!!
mhathi
05-13 05:33 PM
This whole discussion is really silly... I'm glad IV leadership is not self centered, atleast from what i see they think about the community on the whole.
Lets put all these fruitless arguments to rest... the ROW vs India/China, Nurses vs Others, EB1 vs EB2 vs EB3!
I'm EB3 India and I have no one to blame but me for being in EB3 (I'm certainly qualified to be in EB2 but I chose to stick around with the same company for the very reason we all are here on this forum... i.e GC)
For those who think its unfair... rather then sulking about it... do something and move to EB2 if you cant wait any longer... or at least support IV in their efforts.
Well Said! Being someone else stuck in EB3India despite having a US masters, I have come to the same conclusion, and after July Fiasco, was convinced that IV is indeed the only organization that is doing something for us. I have supported IV in whatever I could since then.
Guys, I do believe IV is the only fighting chance we have, debating on this forum and demanding "justice" or whatever from USCIS is not going to get us anything.
Lets put all these fruitless arguments to rest... the ROW vs India/China, Nurses vs Others, EB1 vs EB2 vs EB3!
I'm EB3 India and I have no one to blame but me for being in EB3 (I'm certainly qualified to be in EB2 but I chose to stick around with the same company for the very reason we all are here on this forum... i.e GC)
For those who think its unfair... rather then sulking about it... do something and move to EB2 if you cant wait any longer... or at least support IV in their efforts.
Well Said! Being someone else stuck in EB3India despite having a US masters, I have come to the same conclusion, and after July Fiasco, was convinced that IV is indeed the only organization that is doing something for us. I have supported IV in whatever I could since then.
Guys, I do believe IV is the only fighting chance we have, debating on this forum and demanding "justice" or whatever from USCIS is not going to get us anything.
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