krishnam70
07-05 11:55 AM
What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
That guy will do more harm than help us. My opinion thought. He speaks from his point of view only..
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
That guy will do more harm than help us. My opinion thought. He speaks from his point of view only..
fatjoe
08-25 07:49 PM
How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.
PD - July 2004-EB2
I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
Attended interview at the local uscis on June 25th, 2009
Spouse alone second FP on July 5th , 2009
I
Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.
PD - July 2004-EB2
I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
Attended interview at the local uscis on June 25th, 2009
Spouse alone second FP on July 5th , 2009
I
BEC_fog
04-09 12:18 PM
I don't think that with the EAD renewal receipt you can continue working. Right now, the EAD is valid for 1 year from the day the process and print your card and you cannot specify the employment dates(or they are ignored anyway). It works differently than an H-1B extension where you can specify the dates and even when they process you application say in April and you asked for it to start in march, the approval notice will have the starting period in March. For EAD, if they processed it in April, the starting date is in April.
logiclife
07-31 09:59 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
more...
va_labor2002
10-25 09:25 AM
Yeah! You are right. I will post one too.
I posted my comment about legal High Skilled immigration.
See my comment #263
I posted my comment about legal High Skilled immigration.
See my comment #263
immiusa
04-09 01:26 PM
Congrats. Very long wait. I am happy for you. Seems USCIS is trying to close all old applications. That is good sign for all long wait memebers
more...
delhirocks
07-18 07:13 PM
Reason for rejection is at that time visa numbers were not available.
Whats your PD...Iam assuming you applied in 05/2005 because the vb said your dates were current.
Whats your PD...Iam assuming you applied in 05/2005 because the vb said your dates were current.
zoooom
07-17 07:18 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
Just a reminder...the deadline is Aug 17 and not july 30
Just a reminder...the deadline is Aug 17 and not july 30
more...
whiteStallion
03-04 07:52 PM
You can also expand your family .
This is the best advice I've seen :p:p:p
This is the best advice I've seen :p:p:p
chanduv23
04-18 10:40 PM
Folks here is the deal.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
more...
lecter
November 30th, 2008, 09:00 PM
Owen, enjoy! It's a nice beasty.
vdlrao
05-02 12:10 PM
Don't go for the ICICI home loan. They are the first ones to increase the interest rate when ever theres a RBI changes the base rate. And the last one to decrease the interest rate when ever there's a base rate change. And some times they don't decrease at all.
They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.
They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.
more...
smgms
07-01 10:21 AM
First of all thank you for your reply. Here is what happened with my case.
1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
2. This week I received an RFE email for my case, still waiting for the actual Mail.
3. Next day received the email "Document Sent to Applicant" for my wife's case.
I used AC21 to change the employers. Can you guys let me know.
1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
2. What do they mean by "document sent to applicant", which document are they talking about?
Thanks in advance for your help!!
1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
2. This week I received an RFE email for my case, still waiting for the actual Mail.
3. Next day received the email "Document Sent to Applicant" for my wife's case.
I used AC21 to change the employers. Can you guys let me know.
1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
2. What do they mean by "document sent to applicant", which document are they talking about?
Thanks in advance for your help!!
vijay0101
03-03 06:48 PM
Talk to employer and tell him to your wages immediately. You shouldn't care about client or any one else. If you left the company then he should pay you withing 15 days. If he says he will pay after two months 3 months then he will just changed his address and you wont be able to track him down.
So talk to him and tell him if you dont receive a check in 1 week you will file a complaint in DOL wages and service division and also file a lawsuit in court too.
Its is just my openiopn
Thanks
So talk to him and tell him if you dont receive a check in 1 week you will file a complaint in DOL wages and service division and also file a lawsuit in court too.
Its is just my openiopn
Thanks
more...
alex77
09-26 01:22 AM
If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.
http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
zuhail
10-30 02:02 PM
I completely disagree with what gc_on_demand is saying.
Even as recently as this week, Congress has passed some immigration provisions that has been added to other major bills and Obama has signed them into law. I do not believe that Hispanic Caucus is simply blocking every immigration legislation until CIR- that's just BS.
Based on the statistics published by USCIS,
MurthyDotCom : USCIS Shares Useful Info in Pending I-485 Charts (http://www.murthy.com/news/n_pndchr.html)
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
I think passing this bill help will definitely help the EB2 category which would consequently make more visa numbers available for EB3 category.
I believe that IV should start a dedicated fund raising movement for lobbying efforts to help pass this bill.
Sri.
Even as recently as this week, Congress has passed some immigration provisions that has been added to other major bills and Obama has signed them into law. I do not believe that Hispanic Caucus is simply blocking every immigration legislation until CIR- that's just BS.
Based on the statistics published by USCIS,
MurthyDotCom : USCIS Shares Useful Info in Pending I-485 Charts (http://www.murthy.com/news/n_pndchr.html)
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
I think passing this bill help will definitely help the EB2 category which would consequently make more visa numbers available for EB3 category.
I believe that IV should start a dedicated fund raising movement for lobbying efforts to help pass this bill.
Sri.
more...
kumar1
03-05 11:12 AM
Yestogc- Please do not write "plz" instead of "please". We have "English Language Cop" hovering over us.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
uma001
11-07 12:44 PM
Ajay,
Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
gc_seeker_2001
02-01 12:31 AM
Thanks everyone for the feedbacks. My EB2 I40 has not been approved, as it was filed only a month back.
From your responses it seems like sticking with EB-3 is better right?
When I checked with my lawyer (current company) they mentioned that, along with EB-2 I40 application, they have put a request to adjudicate the pending AOS based on the earliest priority date (EB2). They are also planning to do the same after, EB2 I-140 gets approved. I didn't expect them to do this along with I-140 filing. Had they waited till I-140 approval, they could have made a better decision to stick with EB3 or put a request to adjudicate AOS based on EB2 depending upon the state of the priority dates at that time :(
I am planning to check with the lawyer, if they can withdraw the EB2 I-140.
From your responses it seems like sticking with EB-3 is better right?
When I checked with my lawyer (current company) they mentioned that, along with EB-2 I40 application, they have put a request to adjudicate the pending AOS based on the earliest priority date (EB2). They are also planning to do the same after, EB2 I-140 gets approved. I didn't expect them to do this along with I-140 filing. Had they waited till I-140 approval, they could have made a better decision to stick with EB3 or put a request to adjudicate AOS based on EB2 depending upon the state of the priority dates at that time :(
I am planning to check with the lawyer, if they can withdraw the EB2 I-140.
Alabaman
10-08 11:34 AM
I am sure you don't even have to be in the US to trade in US stocks. There are people that have never been to the US that participate actively in US stocks and just as Americans participate in some foreign markets too.
In the final analysis, most restrictions on H1B workers are stupid.
In the final analysis, most restrictions on H1B workers are stupid.
bp333
11-26 09:21 AM
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).
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