.soulty
03-30 04:00 PM
when is this thing going in completed battles? Just wondering...Poll closed and moved to completed battles..
congrats everyone, nice work. ;)
congrats everyone, nice work. ;)
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bsbawa10
05-10 09:08 AM
since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!
I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
TheCanadian
01-02 09:12 PM
F'ing a! I might not even have to lift a finger :run:
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prioritydate
08-14 12:57 PM
I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
more...
chanduv23
09-09 03:14 PM
HILLSBORO
GRESHAM
LYOOD CENTER
BEAVERTON
SALEM
EUGENE
VANCOUVER
LETS MOVE THE MOUNT HOOD
LETS BRING ST HELENS TO DC
GRESHAM
LYOOD CENTER
BEAVERTON
SALEM
EUGENE
VANCOUVER
LETS MOVE THE MOUNT HOOD
LETS BRING ST HELENS TO DC
andy garcia
04-08 01:55 PM
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
more...
Edison99
09-15 12:30 PM
Enjoy the freedom!
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
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seahawks
09-11 08:02 PM
Congratulations, we have 23 members join the local WA state chapter! Welcome everyone who signed up. Calling all WA state, Oregon members to please sign up with the group link below. We need as much support as we can to support IV initiative.
more...
kannan
12-02 01:33 AM
Can we apply Emergency Ap for official visit ?
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aamchimumbai
08-04 08:44 PM
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Hello a1b2c3,
When you say similar situation....
.....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?
Thanks
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Hello a1b2c3,
When you say similar situation....
.....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?
Thanks
more...
NIW
08-30 05:33 PM
We all sincerely appreciate your support & generosity. Keep us updating on immigration news.
Thanks
Srikanth
P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.
Thanks
Srikanth
P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.
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TwinkleM
01-30 12:13 AM
Hello Ravi,
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
more...
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doubleyou
05-20 10:38 AM
I have been reminising in contributing , and if contribution is the only factor, will start contribution. But I did do congressional letter as and when there was a campaign.
But more than for me, i am reaching out to all others in IV.
But more than for me, i am reaching out to all others in IV.
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hibhagya
05-08 10:29 AM
First thing i would try is call Immigration moderators and explain the situation and ask them some notes.
Try to mixyour story with the notes and present to them.
second option:
Try to go through some threads and gain some knowledge about what they will ask and how to make it effective to listeners.
I guess there is no issues even if they try to find any information about your employer or your self.They are not investiagting on you ,all they are doing is analyze the issues of immigration system.
Try to mixyour story with the notes and present to them.
second option:
Try to go through some threads and gain some knowledge about what they will ask and how to make it effective to listeners.
I guess there is no issues even if they try to find any information about your employer or your self.They are not investiagting on you ,all they are doing is analyze the issues of immigration system.
more...
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dontcareanymore
08-24 11:50 AM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).
I did not check your PD. You will get your day....stay calm.
At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.
Based on the facts you gave :
1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.
What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).
I did not check your PD. You will get your day....stay calm.
At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.
Based on the facts you gave :
1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.
What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....
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ak27
02-10 10:04 PM
It depends. Today, it does not matter whether you are EB2 or EB3 as both will remain retrogressed for long time unless Congress does something. You should look for right work and good employer. If your employer does not allow you to talk to Attorney directly then there is some ulterior motive. Since you have sometime to decide, analyze your career goals before deciding on EB2 or EB3. You should eligible for Eb2 by default because of your education unless your current job does not need one..
more...
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milind70
04-07 05:38 PM
I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
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WeShallOvercome
07-23 06:29 PM
have you used your checks for filing of application or did your employer paid for it.
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
Employers and lawyers are smart enough.
They took money from us but paid the fee with their own checks.
I don't think getting the receipt number is an issue, we can somehow get it.
I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
any suggestions?
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
Employers and lawyers are smart enough.
They took money from us but paid the fee with their own checks.
I don't think getting the receipt number is an issue, we can somehow get it.
I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
any suggestions?
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AB1275
12-19 04:08 PM
Hello friends....
I just spoke to my lawyer....she said I could file an MTR first since its response is faster.
In the MTR she will state that W-2 can be received only in Jan and hence we will submit the evidence in January 2009. She thinks with the W-2 being in line with prevailing wage rate, it should be an open and shut case. So technically we are filing an MTR without new evidence but mentioning that there will be new evidence.
I counter argued that they can deny saying u should have submitted paystubs - why wait for W-2. She said yes they can said that but we did not submit paystubs and we can then appeal.
I discussed with her that will i be given an option of Appeal if this MTR is denied. She said yes and if they dont we can go to court...They cannot deny the right to appeal an MTR. Is this true?
Your input on this please!!!!
I just spoke to my lawyer....she said I could file an MTR first since its response is faster.
In the MTR she will state that W-2 can be received only in Jan and hence we will submit the evidence in January 2009. She thinks with the W-2 being in line with prevailing wage rate, it should be an open and shut case. So technically we are filing an MTR without new evidence but mentioning that there will be new evidence.
I counter argued that they can deny saying u should have submitted paystubs - why wait for W-2. She said yes they can said that but we did not submit paystubs and we can then appeal.
I discussed with her that will i be given an option of Appeal if this MTR is denied. She said yes and if they dont we can go to court...They cannot deny the right to appeal an MTR. Is this true?
Your input on this please!!!!
lazycis
12-27 04:53 PM
Do you have to use / file AC-21 if your I-140 is approved (long back in 2005) and you have passed 180 days of i485 received date?
You are automatically using AC21 if you are changing employers after 180 days. You may file AC21 letter/employment offer with the USCIS but you do not have to do it. It depends on your circumstances and preferences.
You are automatically using AC21 if you are changing employers after 180 days. You may file AC21 letter/employment offer with the USCIS but you do not have to do it. It depends on your circumstances and preferences.
akhilmahajan
04-30 10:42 AM
I dont think waiting is a problem, till you know there are people with you..........
Besides the wait will never end even if i get my i140 approved today.............
the whole idea is to get GC, which is a distant dream come true............
Besides the wait will never end even if i get my i140 approved today.............
the whole idea is to get GC, which is a distant dream come true............
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