desi485
12-03 01:28 PM
There is a different thread also going on, but sharing it here for anyone who have not noticed it yet. RG updated his website with below information.
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
Looks like the header of that thread is misleading...though its a good news for those suffering because CIS error, it can mislead some IV visitors that issue is over. Unfortunately this is not the case, though it is some what relief to know that MTR are successful. However in first place, an applicant should not have to go through this HORROR. I wish CIS comes out and accept this error and make sure that this is not repeated again in future.
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
Looks like the header of that thread is misleading...though its a good news for those suffering because CIS error, it can mislead some IV visitors that issue is over. Unfortunately this is not the case, though it is some what relief to know that MTR are successful. However in first place, an applicant should not have to go through this HORROR. I wish CIS comes out and accept this error and make sure that this is not repeated again in future.
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desi3933
07-06 05:52 PM
See what I was saying. They are not supposed to grant CP appointments and approvals in July per the regulations. They have decided to bend the rules to approve the currently pending 485s and CPs. They came up with this lame excuse that since the visas were already shipped out to the consular posts ................yada yada. Point is as I said they can't do 18K CP applicatrions in a day at the consulates the way they seem to have done for the 485s. Even this I am not sure.
I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.
Incorrect.
The visa number is requested and alloted at the time of scheduling interview for immigrant visa for CP. If the interview results in declining the visa, then visa number is sent back to DoS. This is standard practice.
Typically for all July interviews, visa number is already allocated (in May/June). So these applicants can be still issued immigrant visa (aka green card) if they clear the interview.
_____________________
Not a legal advice.
I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.
Incorrect.
The visa number is requested and alloted at the time of scheduling interview for immigrant visa for CP. If the interview results in declining the visa, then visa number is sent back to DoS. This is standard practice.
Typically for all July interviews, visa number is already allocated (in May/June). So these applicants can be still issued immigrant visa (aka green card) if they clear the interview.
_____________________
Not a legal advice.
chanduv23
11-20 04:36 PM
H1B petition can be revoked automatically if a) employer notifies USCIS that the petition is withdrawn or b) employer goes out of business. See 8 CFR 214.2.(b)(11). So yes, EAD is much safer in this regard. Revoked H1B petition cannot be used for transfer/extension. It's nice to have H1B as a fallback, but it's not a safe heaven.
Here is an interesting article regarding H1B and employer's obligation to notify the USCIS if employment ends.
http://www.chincurtis.com/pdfs/ccid_1_033007-1.pdf
Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)
If this is confirmed news, i will revisit my blog and make changes
Here is an interesting article regarding H1B and employer's obligation to notify the USCIS if employment ends.
http://www.chincurtis.com/pdfs/ccid_1_033007-1.pdf
Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)
If this is confirmed news, i will revisit my blog and make changes
2011 2010 Subaru Legacy 3.6R
Legal
07-20 11:10 AM
Dems are unlilkely to support stand alone EB/ SKIL type legislations. They MAY agree for such legislation
(1) if they could get some cover with additional legislation like Durbin-Grasley restrictive bill on H1B - taking care of "middle class" "suffering" from "H1B cheap foreign labor" vote bank
(2) and get some pro-illegal legislation like DREAM act attached; taking care of Hispanic vote bank.
(1) if they could get some cover with additional legislation like Durbin-Grasley restrictive bill on H1B - taking care of "middle class" "suffering" from "H1B cheap foreign labor" vote bank
(2) and get some pro-illegal legislation like DREAM act attached; taking care of Hispanic vote bank.
more...
evildead
10-22 08:13 AM
you could have sent a porting request letter along with the i140 application
diptam
09-01 01:10 PM
Landed in Feb 2000 ....
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
Why don't you create a poll for this?. That will be easier.
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
Why don't you create a poll for this?. That will be easier.
more...
beppenyc
03-08 01:05 PM
Beppen, I joined the conference a little late and heard of Sen. Brownback's amendments for extension of J1 visa rule and no cap for nurses/physical therapists in H1. They will reconvene at 2.00 again and present more amendments if there are any
Hope this helps
Thank you so much, I can not listen it but please update when there is some interesting news. It looks that are determinated to do something. I feel a lot of positive odds.
Hope this helps
Thank you so much, I can not listen it but please update when there is some interesting news. It looks that are determinated to do something. I feel a lot of positive odds.
2010 2011 Subaru Legacy Interior
devahusain@yahoo.com
12-27 09:39 PM
1. Please throw your valuable thoughts on I-9 Employment autorization. My daughter is got a job and recuruiter asked for I-9 ( immigration document).
Do you need to print from INS office and fillup and send to respective college or INS.
2. My daughters are going to become 21 years in 2010. What will happend to I-485 approval for my two daughters. My Labor was filed one month grading.
I applied I-485 in the month of July 2, 2007. Will the age 21 is issue when my dauthers are going to 21 years.
Do you need to print from INS office and fillup and send to respective college or INS.
2. My daughters are going to become 21 years in 2010. What will happend to I-485 approval for my two daughters. My Labor was filed one month grading.
I applied I-485 in the month of July 2, 2007. Will the age 21 is issue when my dauthers are going to 21 years.
more...
aj_jadeja
03-09 10:12 AM
open real player. and open this URL.
rtsp://video.c-span.org/encoder/dirksen226.rm?mode=compact
rtsp://video.c-span.org/encoder/dirksen226.rm?mode=compact
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lonedesi
08-12 09:33 AM
How many members who participated in the poll above actully took the time to send the DHS Form 7001 and letter to ombudsman's office? Please post if you did send the letter & form.
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Wendyzhu77
06-05 10:51 AM
Numerous students on F1 visa applied 485 and got their GC these years.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
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eb3_nepa
07-15 09:25 AM
New Day today.
Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.
Also let us remember to update our signatures and include a link to this thread.
Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.
Also let us remember to update our signatures and include a link to this thread.
more...
house 2010 Legacy Interior
kanaihya
09-12 04:48 PM
Sent an email to all in the list. will do it tommorrow again with different story and name. No work in the office today, just campaigning "Chalo DC"
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paskal
07-06 01:05 PM
Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
you are right.
therefore iv's stand on this has been very careful.
we are happy that uscis is showing great efficiency. the fact they screwed up with the original visa bulletin is a whole separate issue, the question is- why are we suffering for their mistake?
all iv memmbers are encouraged not to harp the security issue, it's not in our interest.
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
you are right.
therefore iv's stand on this has been very careful.
we are happy that uscis is showing great efficiency. the fact they screwed up with the original visa bulletin is a whole separate issue, the question is- why are we suffering for their mistake?
all iv memmbers are encouraged not to harp the security issue, it's not in our interest.
more...
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learning01
04-26 09:58 AM
You stated dual intent immigrants. In letter and spirit.
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)
Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)
Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D
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rongha_2000
04-30 03:44 PM
This was a good one..!! what was the response?
Nice point - he is asking for suggestions to improve the process (making things quicker) ... any suggestions at all !!!!
Joke joke... the reply was it will take some time to get back to you on that ... questioner asked - is it going to take as long as it takes to get a visa or faster???
Nice point - he is asking for suggestions to improve the process (making things quicker) ... any suggestions at all !!!!
Joke joke... the reply was it will take some time to get back to you on that ... questioner asked - is it going to take as long as it takes to get a visa or faster???
more...
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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.
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nitinboston
06-11 05:40 PM
I am very junior member on IV forums and have listened to all the experts and senior members on IV from time to time. Very solid ideas and very intelligent people! Although, I am not too familiar with the intricacies of what DOS said or what USCIS said; what I know is that there are many thousands of us who are here in a limbo for many many years. I think we have been "super- nice" to USCIS and Congress in the way we have approached them for our problems and rightly so - thats just us!
We have done our best educate them via lobbying efforts etc but wouldnt you agree that its time be a little more "assertive' now. Seriously, we dont know what the bigger picture is here. Year after Year, Month after month nothing moves with USCIS. Same old grim Visa Bulletin. I had written elsewhere that I dont even remember what my dates are anymore! Being in a western country or anywhere else in the world for 10-12 years is a long time. The culture, the enviroment and the system grows on you. Most of us left from India or elsewhere, when we were in our mid 20s . As young adults most of were explorers - soaking information, knowledge, new skills etc as we embarked on our journey to settle down in a foreign country. I think its fair to say that most of us have actually acquired our adult wisdom here. What I am getting to, is that when people talk about packing their bags and going back home - it may only be easier said than done!
I am not an expert at this but I believe we may have to come together again and we will need more visibility - maybe a six month long agressive assertive campaign - letters, flowers, rally and more all together so that we can catch congress' attention. It seems like legislation is the only way out here. Again, please pardon my inability to comprehend issues correctly, if I am wrong in saying so, but if we continue to rely on visa bulletins and USCIS; nothing is going to happen. All I can say is that whatever leaders and intellects at IV decide, I am here in anyway you all need me to help! Please feel free to ask for help at jaisinghaII@gmail.com. Thank you for reading my post.
We can do all we want, but why should any one in congress bother about us. Its same like India, if you cant vote, you have no influence over the legislature. Congress is responsible for the welfare of US citizens, guest workers are not their concern. Blunt but true.
We have done our best educate them via lobbying efforts etc but wouldnt you agree that its time be a little more "assertive' now. Seriously, we dont know what the bigger picture is here. Year after Year, Month after month nothing moves with USCIS. Same old grim Visa Bulletin. I had written elsewhere that I dont even remember what my dates are anymore! Being in a western country or anywhere else in the world for 10-12 years is a long time. The culture, the enviroment and the system grows on you. Most of us left from India or elsewhere, when we were in our mid 20s . As young adults most of were explorers - soaking information, knowledge, new skills etc as we embarked on our journey to settle down in a foreign country. I think its fair to say that most of us have actually acquired our adult wisdom here. What I am getting to, is that when people talk about packing their bags and going back home - it may only be easier said than done!
I am not an expert at this but I believe we may have to come together again and we will need more visibility - maybe a six month long agressive assertive campaign - letters, flowers, rally and more all together so that we can catch congress' attention. It seems like legislation is the only way out here. Again, please pardon my inability to comprehend issues correctly, if I am wrong in saying so, but if we continue to rely on visa bulletins and USCIS; nothing is going to happen. All I can say is that whatever leaders and intellects at IV decide, I am here in anyway you all need me to help! Please feel free to ask for help at jaisinghaII@gmail.com. Thank you for reading my post.
We can do all we want, but why should any one in congress bother about us. Its same like India, if you cant vote, you have no influence over the legislature. Congress is responsible for the welfare of US citizens, guest workers are not their concern. Blunt but true.
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cpolisetti
07-21 11:59 AM
I believe this is amendment to reconcillation bill between the house and sentate bill.
Sorry, I'm still confused, but it is entirely possible its my misunderstanding of American Senate and House of Representatives proceedings. How does a Senator add an amendment to a House of Representative bill?
Are we talking about 240,000 greencards to recapture or 2,400,000?
By the way - just because you make the letters huge and bold, it doesn't make it easier to comprehend.
Sorry, I'm still confused, but it is entirely possible its my misunderstanding of American Senate and House of Representatives proceedings. How does a Senator add an amendment to a House of Representative bill?
Are we talking about 240,000 greencards to recapture or 2,400,000?
By the way - just because you make the letters huge and bold, it doesn't make it easier to comprehend.
amitjoey
07-13 04:33 PM
In the past, we have sent emails and webfaxes to senators only to get canned- pre typed responses. Recently, I have realised that senators favour written letters, posted (with postage stamp) especially if it comes from constituents from their state. Same with house reps. I have talked to my senator's staff and they have advised me to write a letter. The staff member said, letters are always read, and responded.
Senator will send an inquiry to the appropriate agency. This will create an impact, if all of us write letters. I have written a letter about USCIS Visa- flip flop to my senators.
Senator will send an inquiry to the appropriate agency. This will create an impact, if all of us write letters. I have written a letter about USCIS Visa- flip flop to my senators.
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.
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