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manojp4
04-01 08:17 PM
both faxes sent to WA senators.
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sumansk
10-02 01:36 PM
Guys,
Anyone in the same boat as I am ...No news of my case so far..filed july 17th and nothing after that.anyone's guess what might be the case..
Not sure if the files is buried under some pile..
Thanks
Anyone in the same boat as I am ...No news of my case so far..filed july 17th and nothing after that.anyone's guess what might be the case..
Not sure if the files is buried under some pile..
Thanks
pointlesswait
11-25 04:44 PM
the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
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vinoddas
09-26 06:24 PM
i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
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kaisersose
08-21 09:37 AM
May be it's true that labor and 140 belongs to the company, but they just can't take money from employees and sell it to someone.
Sure, they can. There was nothing in the law forbidding them from doing that and they abused the system badly which has resulted in a permanent ban on substitution.
You cannot do anything about them using the Labor for someone else. Perhaps you can do something about them taking money from you to file 485 and failing to do that. If you can prove this with a clear paper trail, then you stand a good chance on this one.
Sure, they can. There was nothing in the law forbidding them from doing that and they abused the system badly which has resulted in a permanent ban on substitution.
You cannot do anything about them using the Labor for someone else. Perhaps you can do something about them taking money from you to file 485 and failing to do that. If you can prove this with a clear paper trail, then you stand a good chance on this one.
ca_immigrant
10-30 08:46 PM
what an unnecessary hassle.....good that all is ok for your case !!
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pani_6
03-21 11:27 AM
We need to talk in a single voice...can you prepare state chapters's talking points..plz..other materials that people use to effectively utilize the limited time with the senators..
Great Effort!
Great Effort!
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Drifter
04-01 07:10 PM
Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS).
Ramba and others
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.
What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Please help.
Ramba and others
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.
What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Please help.
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Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
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Refugee_New
05-15 12:25 PM
hmm, i think munnabhai did the right thing.
sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.
thanks
snathan's post is not asking anyone to reconsider their decision. But it clearly shows/explains how and where we as a married couple go wrong. What we really miss in married life and what we never realize as a parents.
Again its a very good post snathan.
sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.
thanks
snathan's post is not asking anyone to reconsider their decision. But it clearly shows/explains how and where we as a married couple go wrong. What we really miss in married life and what we never realize as a parents.
Again its a very good post snathan.
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delax
08-05 09:30 PM
But consider this: I just posted this in the approval thread:
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
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chumki
12-17 07:47 PM
What are the disadvantage and risk of NOT filing a AC-21 memo?
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cnndwag
09-27 09:13 PM
enggr ran away. He faked his experience(which most of the people do, I think to get GC) and tried to get EB2. Good and Inteligent IO catched it and sent RFE. Ran away for life.
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akgind
07-13 05:22 PM
I think IV should lobby to have the DREAM Act applied to all children, whether legal or illegal.
I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
Exactly this has been made clear by IV core taht Dream ACT is not for IV community...IGNORE IT
I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
Exactly this has been made clear by IV core taht Dream ACT is not for IV community...IGNORE IT
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snathan
06-17 02:21 PM
This guy with absolutely clean record was held for 11 weeks for verification and lost his father in this process..
I have been trying for last 8 weeks non-stop in front of computer and I am not able to even see any open appointment...
WE REALLY NEED TO RAISE HELL ON THIS...
SENDING LETTERS TO CLINTON or may be IV rep team to meet her on this issue...
A lot of guys are stuck and have suffered for no reason...
Can you bring your friend here. If we can add stories from people who suffered, it would add more value.
I have been trying for last 8 weeks non-stop in front of computer and I am not able to even see any open appointment...
WE REALLY NEED TO RAISE HELL ON THIS...
SENDING LETTERS TO CLINTON or may be IV rep team to meet her on this issue...
A lot of guys are stuck and have suffered for no reason...
Can you bring your friend here. If we can add stories from people who suffered, it would add more value.
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jasguild
07-17 08:58 AM
Yes, but you are missing the one important fact, that "band aid solution" would put band aid to thousands of hurt people which will sooth them for a while. I understand, your 485 is already in pipeline so you already have those band aids but claiming to be sorry portrayed you very selfish. Think about teh group then you will slowly start forgeting your sorriness.
I said earlier, its not a bad thing as it will bring relief to some people. However it will also make it tough for anyone else after July to get 485 becuase of the huge back log.
I am not thinking about only myself. I am thinking about all of us. I am not enthused becuase I dont believe the decisions are not being made genuinely in our interest. They are doing the politically correct thing and not the morally correct thing.
jasquil
I said earlier, its not a bad thing as it will bring relief to some people. However it will also make it tough for anyone else after July to get 485 becuase of the huge back log.
I am not thinking about only myself. I am thinking about all of us. I am not enthused becuase I dont believe the decisions are not being made genuinely in our interest. They are doing the politically correct thing and not the morally correct thing.
jasquil
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rsdang1
06-01 12:10 PM
Wonder how voting here helps - is this a site used by senate?
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shana04
02-12 04:28 PM
I will like to ask your brain if this could be a problem as i did my H1 B Transfer twice before appling for my I 485 and everything went sucessful my GC sponsering Company is not in good terms they might have even revoke my I 140.
Is there any way to find out if my I 140 was revoked.
I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.
But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.
Can you guys please advice i will really appriciate your help.
Saburi,
please be more precise. when you transfered and when did you file your 485 with company A or B.
Is there any way to find out if my I 140 was revoked.
I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.
But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.
Can you guys please advice i will really appriciate your help.
Saburi,
please be more precise. when you transfered and when did you file your 485 with company A or B.
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pappu
04-24 04:58 PM
I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).
Pls contact IV.
Pls contact IV.
morchu
04-19 11:56 AM
10+2+1+3 ?
You have two options:
1. Prove that the requirement for 3 year diploma, was 10+2+1
2. Get a very detailed credit by credit evaluation of all the courses you did compared to a US bachelors. I have seen that in many schools in India, just by a 3 year diploma we complete all the credits for a US bachelors (some times even US Masters :) ). Exact credit hours, course description etc may be required in official form.
-Morchu
So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.
You have two options:
1. Prove that the requirement for 3 year diploma, was 10+2+1
2. Get a very detailed credit by credit evaluation of all the courses you did compared to a US bachelors. I have seen that in many schools in India, just by a 3 year diploma we complete all the credits for a US bachelors (some times even US Masters :) ). Exact credit hours, course description etc may be required in official form.
-Morchu
So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.
raysaikat
07-19 06:20 PM
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
If your GC is approved before your wife can enter US and apply for I-485, then she can do "following to join" through consular processing. The apparent wisdom seems to be that the application has to be done quite quickly, but I had read in one website that there is no time limit to apply (it is possible that the law changed in that regard; you need to seek a competent lawyer's advice and check the current rules). I also read that visa numbers are not required for following to join; i.e., she can get GC even if PD retrogrades. Again, that could be a outdated law, or perhaps that wording was for the "following to join" procedure for the spouses of US citizens. In any case, if you act quickly and properly, there is not much to worry about not being able to get your wife into US after your GC.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
If your GC is approved before your wife can enter US and apply for I-485, then she can do "following to join" through consular processing. The apparent wisdom seems to be that the application has to be done quite quickly, but I had read in one website that there is no time limit to apply (it is possible that the law changed in that regard; you need to seek a competent lawyer's advice and check the current rules). I also read that visa numbers are not required for following to join; i.e., she can get GC even if PD retrogrades. Again, that could be a outdated law, or perhaps that wording was for the "following to join" procedure for the spouses of US citizens. In any case, if you act quickly and properly, there is not much to worry about not being able to get your wife into US after your GC.
