meg_z
02-28 03:19 PM
I think the memo everyne is refering to is Cronin memo. Here is the link. https://www.shusterman.com/cronin51600.html. I-94 date after using AP is one year from entry date, at least in my case.
Can you please provide a link to this memo ? My attorney said, if I want to continue on H1 after reentry, I must get H1 stamped and enter in H status. If I use AP for reentry, I should change to EAD at work. This memo will help.
I know there is a memo about continuing on H1B after filing I485 (dual intent) in the context of AC21 , but I am not aware about one that deals with entering with AP and continuing on H1.
Most of the answers above talk about transferring/extending the H1 after the reentry to get a new I94. How about if you want to continue with the same employer and you already have H1 valid until 2011 ? Do you still apply for H1 extension ? If so what basis ?
Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?
What is the significance of this date on I94 when one wants to use EAD and never goes back to H1 ?
Can you please provide a link to this memo ? My attorney said, if I want to continue on H1 after reentry, I must get H1 stamped and enter in H status. If I use AP for reentry, I should change to EAD at work. This memo will help.
I know there is a memo about continuing on H1B after filing I485 (dual intent) in the context of AC21 , but I am not aware about one that deals with entering with AP and continuing on H1.
Most of the answers above talk about transferring/extending the H1 after the reentry to get a new I94. How about if you want to continue with the same employer and you already have H1 valid until 2011 ? Do you still apply for H1 extension ? If so what basis ?
Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?
What is the significance of this date on I94 when one wants to use EAD and never goes back to H1 ?
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gc28262
01-28 04:39 PM
I didn't find where in the PDF AILA is saying the definition is illegal!
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
santa123
07-17 11:14 PM
you got it! its done.... only because u said it.... for such a brilliant idea which no one could think..... i want to nominate you for the president of the united states of america
proud member of 'GCperm for president'!!!!
who do you think you are? Sotomayor or what? Down with your unwanted sarcasm!
proud member of 'GCperm for president'!!!!
who do you think you are? Sotomayor or what? Down with your unwanted sarcasm!
2011 Looks like Katy Perry left
roseball
08-27 11:47 AM
Based on this poll, can somebody predict EB3-I movement starting Oct'2008?
The dates moved from Apr'2001 to Nov'2001 last year when EB3-I didn't recieve any spillover. So what would be the movement when new year starts?
I am hoping atleast it will move forward and not backwards....
Dec 2001 is my guess. Hopefully, it will continue to move as the year progresses...
The dates moved from Apr'2001 to Nov'2001 last year when EB3-I didn't recieve any spillover. So what would be the movement when new year starts?
I am hoping atleast it will move forward and not backwards....
Dec 2001 is my guess. Hopefully, it will continue to move as the year progresses...
more...
little_willy
08-12 07:13 PM
Based on this poll, anybody with PD of Jun2002 onwards should consider Porting to EB2.
Any thoughts?
It won't help, if everyone starts porting, EB-2 queue will face a similar situation. Porting doesn't happen soon either. With delays in I-140 processing, it may be close to 2 years before you could file for a fresh I-485 with a request to port the EB-3 priority date. Note, this is a grey area and doesn't guarantee you the old PD. If the company is willing to foot the bill, go for it or else IMO it is not worth spending your own money.
Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,
Any thoughts?
It won't help, if everyone starts porting, EB-2 queue will face a similar situation. Porting doesn't happen soon either. With delays in I-140 processing, it may be close to 2 years before you could file for a fresh I-485 with a request to port the EB-3 priority date. Note, this is a grey area and doesn't guarantee you the old PD. If the company is willing to foot the bill, go for it or else IMO it is not worth spending your own money.
Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,
chanduv23
03-13 11:48 AM
I completely disagree with your message here. You dont even know what the personal reason for not participating in a state chapter is. I, for one, am unable to join a state chapter, because , the nearest chapter is 400 miles and 2 states away. What good would it do to me to join something that I can never be part of. I wanted to start a state chapter here in my place, but I couldnt find any useful resources on how to do it. May be eb3_nepa has some reasons like it.
Like you said, IV is not a top-down organization, which means everyone is responsible for everyone. I dont see anything wrong with eb3_nepa's questions. He wanted to know what is going on. I am sure there are lots of people around here who has the same questions.
The Admin Fixes letter campaign was a good initiative. But, the target date got moved twice, and now I dont even know when the end date is.
May be IV should be a top-down organization. Any organization as big as IV would probably be better served with a Top Team. That team could probably elected by the community. I am confident, that most of our members wouldnt even mind spending a few extra bucks to pay a honarary amount to this team for their efforts and time. Then there will be more structure and accountability and action going on around here.
I came to know about IV pretty late. When I did learn about IV and joined IV, I was a very enthusiastic participant. Of late, I do believe IV is fading away. I dont see so many activities going on around here. Like eb3_nepa and few others said, IV is right now becoming just another Immigration portal. It is starting to lose its identity.
After doing all the hard work to gather a mass or like minded people, it will be shameful, if IV drifts away from its stated aim. So, may be it is time for every member, including core members like you to refect upon things and come up with ways to make this organization more transparent and more accessible for people like me.
Like Waldenpond said, it is probably not wise to list all the items going on in the portal. The work around to that would be, we can add another membership type which is more restrictive. This membership group will have only members whose identities have been verified. Once this group is created, IV can post all the happenings accessible to them. This will help people like me who are unable to be part of any state chapter to know what is happening at IV. Keep our sprits high.
Thank you
The primary reason for disconnects and inability towards working in structure is because IV is primarily a volunteer organization and everyone are unpaid volunteers.
I agree that a lot of State chapters are not functional. some of them were reborn after death, some are very active some are not - as a matter of fact I lead the Tri State chapter and this had to be reborn as it was lead by someone else before and they did what they could and gave up. Now we have some wonderful chapter members who are really helping out and doing a great job. we combined the 3 states for better numbers and better coordination. the leads have strived very hard and continue to strive hard.
There are times when other things take up priority and the leadership may not be in a position to be active.
I think part of the frustration is because there do not seem to be frequest updates these days.
This is what I recommend. Contact the state chapter leader who is nearest to your state. You can join the state chapter.
For some very important reasons, updates canot be posted on the website.
With regard to eb3_nepa's case - I think he is from Tri State area doors are always open for him to join the state chapter
Like you said, IV is not a top-down organization, which means everyone is responsible for everyone. I dont see anything wrong with eb3_nepa's questions. He wanted to know what is going on. I am sure there are lots of people around here who has the same questions.
The Admin Fixes letter campaign was a good initiative. But, the target date got moved twice, and now I dont even know when the end date is.
May be IV should be a top-down organization. Any organization as big as IV would probably be better served with a Top Team. That team could probably elected by the community. I am confident, that most of our members wouldnt even mind spending a few extra bucks to pay a honarary amount to this team for their efforts and time. Then there will be more structure and accountability and action going on around here.
I came to know about IV pretty late. When I did learn about IV and joined IV, I was a very enthusiastic participant. Of late, I do believe IV is fading away. I dont see so many activities going on around here. Like eb3_nepa and few others said, IV is right now becoming just another Immigration portal. It is starting to lose its identity.
After doing all the hard work to gather a mass or like minded people, it will be shameful, if IV drifts away from its stated aim. So, may be it is time for every member, including core members like you to refect upon things and come up with ways to make this organization more transparent and more accessible for people like me.
Like Waldenpond said, it is probably not wise to list all the items going on in the portal. The work around to that would be, we can add another membership type which is more restrictive. This membership group will have only members whose identities have been verified. Once this group is created, IV can post all the happenings accessible to them. This will help people like me who are unable to be part of any state chapter to know what is happening at IV. Keep our sprits high.
Thank you
The primary reason for disconnects and inability towards working in structure is because IV is primarily a volunteer organization and everyone are unpaid volunteers.
I agree that a lot of State chapters are not functional. some of them were reborn after death, some are very active some are not - as a matter of fact I lead the Tri State chapter and this had to be reborn as it was lead by someone else before and they did what they could and gave up. Now we have some wonderful chapter members who are really helping out and doing a great job. we combined the 3 states for better numbers and better coordination. the leads have strived very hard and continue to strive hard.
There are times when other things take up priority and the leadership may not be in a position to be active.
I think part of the frustration is because there do not seem to be frequest updates these days.
This is what I recommend. Contact the state chapter leader who is nearest to your state. You can join the state chapter.
For some very important reasons, updates canot be posted on the website.
With regard to eb3_nepa's case - I think he is from Tri State area doors are always open for him to join the state chapter
more...
rsaimadhukar
06-18 04:56 PM
called all the reps and also updated the poll.
will pass on this msg to friends outside IV too.
hope for the best
will pass on this msg to friends outside IV too.
hope for the best
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sanagani
03-30 03:21 PM
soft Lud on mine and my dependant on 2/10/09 and there was second soft LUD on mine 2/27/09, till now no RFE, what does it mean, does it mean everything is fine and they do not need from our end.
more...
praky
08-10 11:23 AM
Thanks gimme_gc2006.
I know how it feels when guys out there with priority date later than you get approved and you're stuck in this black hole with no clue on what the current status is.
Usually, it takes atleast 7 days for the congressman staff to get any response. It's always better to call the staff casually after couple of days to make sure they have got all the paper work you've sent and they are working on it.
I'm sure your case will be approved soon - have hope.
I know how it feels when guys out there with priority date later than you get approved and you're stuck in this black hole with no clue on what the current status is.
Usually, it takes atleast 7 days for the congressman staff to get any response. It's always better to call the staff casually after couple of days to make sure they have got all the paper work you've sent and they are working on it.
I'm sure your case will be approved soon - have hope.
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prashantc
01-29 10:46 AM
Was this the first time you are coming to USA?
or you went for a visit ? If yes what was ur original status in US..F1 or H1.
I am going for chennai H1B visa on Feb 6....F1 to OPT to H1B...Scared to helll...
Well no this wasnt my first visit to US. I have been on a valid H1B status for past 5 years or so.
or you went for a visit ? If yes what was ur original status in US..F1 or H1.
I am going for chennai H1B visa on Feb 6....F1 to OPT to H1B...Scared to helll...
Well no this wasnt my first visit to US. I have been on a valid H1B status for past 5 years or so.
more...
akred
05-24 02:04 PM
if a background check reveals that you had been on H-1 you won't be eligible for Z visa. You have to come up with a new face, new name, and new ID. Looks daunting but less daunting than getting GC legally.
Hey hey, I don't have to apply with my current legal name do I? ;)
Hey hey, I don't have to apply with my current legal name do I? ;)
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nb_des
09-14 01:09 PM
It is very difficult to get a bill passed in House for increasing visa numbers. Be it legal or illegal there is no way House will pass anything that increases visa numbers this election year. I am doubtful even for next year.
For this year or for now we should just get something like "ability to file 485 even when visa numbers are unavailable". This is something which will provide some relief to all of us and has good chance of going through. Subsequently we can keep trying to get the SKIL bill passed next year.
For this year or for now we should just get something like "ability to file 485 even when visa numbers are unavailable". This is something which will provide some relief to all of us and has good chance of going through. Subsequently we can keep trying to get the SKIL bill passed next year.
more...
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Green.Tech
06-03 08:57 AM
...to the top.
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Macaca
01-29 07:14 PM
could it be that ppl will not be able to sneak in with pre-approved labor now? if there is a significant number doing that, the PDs will move faster. Congrats IV on this achievement!
I don't understand the movement of PD at all.
The only way I can explain is that PD depends on approved LC before PD. Such persons can apply for GC because they are current.
I don't understand the movement of PD at all.
The only way I can explain is that PD depends on approved LC before PD. Such persons can apply for GC because they are current.
more...
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SGP
03-30 05:04 AM
$$$$$$$$$$$$$$$GOOD MORNING GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
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admesystems
01-09 11:41 AM
Thank you Lazycis...
I was out of status for more than a year when I got married
I was out of status for more than a year when I got married
more...
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small2006
05-24 01:06 PM
What the hell is wrong with these "law makers". As if we are not already being fleeced, they want to do it even more!!:mad:
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trueguy
08-27 12:22 PM
Did anybody get any reply from letter campaign? Why is it so difficult for USCIS to release number of pending application per category per year?
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Bpositive
02-06 10:20 AM
i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
Usually, that's it. The consulate should now issue the passport. Email/call the consulate or call VFS if you haven't already done so.
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
Usually, that's it. The consulate should now issue the passport. Email/call the consulate or call VFS if you haven't already done so.
delhiguy
07-17 02:40 PM
I am totally with you , I am not looking for EAD/AP I just need my GC.So that i can plan my life.
We need more efforts to request the government to look into our problems.
I pay lot of taxes, social security and still its easier for others to get a GC and not me...
I also belive we should not use Gandhigiri , to request something , which was against the priniciples of Gandhi... but sab chalta hai..
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
We need more efforts to request the government to look into our problems.
I pay lot of taxes, social security and still its easier for others to get a GC and not me...
I also belive we should not use Gandhigiri , to request something , which was against the priniciples of Gandhi... but sab chalta hai..
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
RandyK
11-06 04:20 PM
I bet C SPAN was more entertaining than the Steelers drubbing of Ravens yesterday :D
I am a Browns fan so..... you know what I mean!!
I am a Browns fan so..... you know what I mean!!
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