himu73
09-05 04:38 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
I have used AP at least 4 times this year while coming back from Europe,India.I came through New York(JFK),Newark(EWR). Only once I was asked a question about whether I have EAD. The officer didn't even see it,otherwise the only exchage with any other officer was 'Here are your documents.Have a nice day'.
I think you might have been a one off case where the officer didnt know what he was doing.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
I have used AP at least 4 times this year while coming back from Europe,India.I came through New York(JFK),Newark(EWR). Only once I was asked a question about whether I have EAD. The officer didn't even see it,otherwise the only exchage with any other officer was 'Here are your documents.Have a nice day'.
I think you might have been a one off case where the officer didnt know what he was doing.
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aadimanav
07-15 01:49 PM
aadimanav ..is this being debated now ?? I
I guess, that's what we want them to do through this campaign.
I guess, that's what we want them to do through this campaign.
Macaca
08-12 06:04 PM
The applicant�s green card application has been pending since early 2005 due to the FBI name check. The applicant is a valued researcher at a U.S. pharmaceutical company. (page 39)
The applicant�s green card application has been pending with USCIS for approximately four years due to the FBI name check. The applicant is a researcher at a U.S. university and, because of the adjudication delay, the university and the individual have been disadvantaged in seeking grant proposals and funding. Specifically, the individual reports that he is currently working on federal research projects. The applicant�s inability to advance critical work for the project is a serious impediment to the university, its competitiveness, and the applicant�s professional advancement. (page 39)
In early 2006, the applicant applied for naturalization. USCIS informed the applicant that the application is pending due to the FBI name check. The applicant currently is a contract employee for a federal agency and was security screened prior to beginning that employment. (page 44)
The applicant�s green card application was filed in early 2004. The application remains pending due to the FBI name check. The applicant previously served as a security officer at a U.S. embassy and was subject to rigorous security screening for the position. (page 44)
The applicant�s green card application has been pending with USCIS for approximately four years due to the FBI name check. The applicant is a researcher at a U.S. university and, because of the adjudication delay, the university and the individual have been disadvantaged in seeking grant proposals and funding. Specifically, the individual reports that he is currently working on federal research projects. The applicant�s inability to advance critical work for the project is a serious impediment to the university, its competitiveness, and the applicant�s professional advancement. (page 39)
In early 2006, the applicant applied for naturalization. USCIS informed the applicant that the application is pending due to the FBI name check. The applicant currently is a contract employee for a federal agency and was security screened prior to beginning that employment. (page 44)
The applicant�s green card application was filed in early 2004. The application remains pending due to the FBI name check. The applicant previously served as a security officer at a U.S. embassy and was subject to rigorous security screening for the position. (page 44)
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danielp78
09-12 09:22 AM
When does the new fiscal year start?
more...
la6470
03-10 09:31 AM
Because I guess most of us dont mind going back to our native country anymore..either we are too old now or US is doing far worse than ever before and our native countries are doing far better.....
MerciesOfInjustices
02-25 12:25 PM
Sent my second contribution in the last 3 weeks! I will keep contributing till I can, God willing!
more...
immigration1234
03-17 02:27 PM
That would be a great idea and thats true!
2010 polygraph test results.
ita
09-29 10:40 PM
My PD is current for almost a year and Name check is cleared in July 2008.
No soft or hard LUD's sofar. :mad:
Chris- how did you find out your NC has been cleared?
Thank you.
No soft or hard LUD's sofar. :mad:
Chris- how did you find out your NC has been cleared?
Thank you.
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stuckinmuck
05-14 12:26 PM
chandrajp, many times it's not because of rules. It is common courtesy to go to a cafeteria if one is available. Smell of Indian food in general (it's a fact not criticism) may have a distracting effect in a work location so it should be eaten in a cafeteria (if available). Also, we need not emulate other people's lack of courtesy and do the same thing (like some people quoted Americans eating burgers in their cube). If we have the option, we should eat in the appropriate location.
In addition, with respect to discrimination, I do not condone it at all but we need to do a reality check for ourselves as well. I have never worked in India since I left the country 10 years ago but my friends working in India have told me how their managers have humiliated them by speaking in a regional language in meetings that they didn't know. So wherever there is a difference of culture, language etc., unfortunately human beings tend to behave the same i.e. discriminate against others who are different from them. For example, how do we explain the 'Fair & Lovely' ads? It's blatant discrimination based on skin colour.
Discrimination should be done away from every aspect of life.
In addition, with respect to discrimination, I do not condone it at all but we need to do a reality check for ourselves as well. I have never worked in India since I left the country 10 years ago but my friends working in India have told me how their managers have humiliated them by speaking in a regional language in meetings that they didn't know. So wherever there is a difference of culture, language etc., unfortunately human beings tend to behave the same i.e. discriminate against others who are different from them. For example, how do we explain the 'Fair & Lovely' ads? It's blatant discrimination based on skin colour.
Discrimination should be done away from every aspect of life.
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BECsufferer
03-17 12:44 PM
I have questions for you before I tell you the correct answer.
- Please update your profile so that you are taken seriously.
- What did you shoplift and why?
Now my incorrect answer for the time being: Go to India and do shoplifting. You will get instant punishment. No court hassles etc. Get beaten up , cough up money to the cops and then come back. Your experience in India and USA will help you learn more. I feel the punishments in US are not harsh enough. If you have a bad habit of shoplifting and you used to do it in India then ignore the answer above and check into a rehab and request them to have you share a room with Winona Ryder.You both have something in common and you will be able to relate to each other very well.
My friend you have hit upon a very good idea. For compulsive shoplifters a similar incidence would be more than enough to rehab them for rest of the life. May I add to your recommended treatment, that the shopkeeper is still going to charge you although you may no more be in state to handle the purchase.
- Please update your profile so that you are taken seriously.
- What did you shoplift and why?
Now my incorrect answer for the time being: Go to India and do shoplifting. You will get instant punishment. No court hassles etc. Get beaten up , cough up money to the cops and then come back. Your experience in India and USA will help you learn more. I feel the punishments in US are not harsh enough. If you have a bad habit of shoplifting and you used to do it in India then ignore the answer above and check into a rehab and request them to have you share a room with Winona Ryder.You both have something in common and you will be able to relate to each other very well.
My friend you have hit upon a very good idea. For compulsive shoplifters a similar incidence would be more than enough to rehab them for rest of the life. May I add to your recommended treatment, that the shopkeeper is still going to charge you although you may no more be in state to handle the purchase.
more...
qualified_trash
10-10 03:44 PM
I am sorry but there is no prediction on this thread is there? The link to the Visa bulletin is factual information and the comments are just dicsussing the facts at hand.
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desi3933
02-11 03:34 PM
Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equivalent". that might be the caused the I140 denial .
Any one had this situation before ?
Thanks
-vinod
I have sent you PM.
It seems that your I-140 is re-evaluated and denied.
___________________
Not a legal advice.
Any one had this situation before ?
Thanks
-vinod
I have sent you PM.
It seems that your I-140 is re-evaluated and denied.
___________________
Not a legal advice.
more...
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Openarms
05-28 05:50 PM
IV core needs to follow this and raise funds for this cause if necessary.... peace meal strategy is the only strategy that we can do in this economic conditions... do not go for CIR
Attention all EB2 and EB3 folks who have I-485 pending at USCIS-
Currently AILA is reporting that there are two bills pending for Employment-Visa Recapture.
1.Reuniting Families Act (S. 1085) Introduced in the Senate(*)
2. Senate Judiciary Committee to Hold a Hearing on the Uniting American Families Act(**)
Reference-(*)(**) www.aila.org/
The S.1085 in the US Senate caters to specifically recapturing visa numbers for employment based category; i.e. ALL lost visas from 1997-2007 in the employment based category.
Also to remember is that re-captured employment based visas can only be used in the employment category. They CANNOT be used; repeat CANNOT be used in the Family category; however the vice-versa is true; i.e. unused Family Visas can be used in the employment category as happened last year 2008.
The second bill Uniting American Families Act is in the US House. Though the intent of this bill is not the same as the senate bill S.1085 noted above; an amendment can be made to make it the same. Currently, they are scheduling a House hearing on 3rd. June, 2009 for that bill.
We need HIGH level of action on the above two bills from IV Core and the Community; because of two reasons-
1. Adminstration has CHANGED; so one cannot assume that things which happened in past years will be the same. i.e. No action will be taken by lawmakers on the Immigration front. Remember it is the Democrats and we are back in the good Clinton year politics (which passed AC-21).
2. We need our Green Cards soon. India is the ONLY nation where 80% of EB folks are waiting for two years or more after I-485 submission, given security checkas and pre-processing has already been made for applications pending for two years.
Thanks,
WeldonSprings.
2.
Attention all EB2 and EB3 folks who have I-485 pending at USCIS-
Currently AILA is reporting that there are two bills pending for Employment-Visa Recapture.
1.Reuniting Families Act (S. 1085) Introduced in the Senate(*)
2. Senate Judiciary Committee to Hold a Hearing on the Uniting American Families Act(**)
Reference-(*)(**) www.aila.org/
The S.1085 in the US Senate caters to specifically recapturing visa numbers for employment based category; i.e. ALL lost visas from 1997-2007 in the employment based category.
Also to remember is that re-captured employment based visas can only be used in the employment category. They CANNOT be used; repeat CANNOT be used in the Family category; however the vice-versa is true; i.e. unused Family Visas can be used in the employment category as happened last year 2008.
The second bill Uniting American Families Act is in the US House. Though the intent of this bill is not the same as the senate bill S.1085 noted above; an amendment can be made to make it the same. Currently, they are scheduling a House hearing on 3rd. June, 2009 for that bill.
We need HIGH level of action on the above two bills from IV Core and the Community; because of two reasons-
1. Adminstration has CHANGED; so one cannot assume that things which happened in past years will be the same. i.e. No action will be taken by lawmakers on the Immigration front. Remember it is the Democrats and we are back in the good Clinton year politics (which passed AC-21).
2. We need our Green Cards soon. India is the ONLY nation where 80% of EB folks are waiting for two years or more after I-485 submission, given security checkas and pre-processing has already been made for applications pending for two years.
Thanks,
WeldonSprings.
2.
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paskal
07-10 11:58 AM
gandhi's non violent resistance is a universal thing
MLK and a Mandela adopted it
it is just a way to show protest.
why are we arguing about this?
call it any name you want. we need to regsiter our views and get media attention.
MLK and a Mandela adopted it
it is just a way to show protest.
why are we arguing about this?
call it any name you want. we need to regsiter our views and get media attention.
more...
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enthu999
04-14 07:18 PM
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
Given that you got your 140 approved and applied for 485 and it is more than 180 days, you are in relatively safe situation.
Rememeber GC is for future employment, as soon as the dust settles..you need to find a job!
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
Given that you got your 140 approved and applied for 485 and it is more than 180 days, you are in relatively safe situation.
Rememeber GC is for future employment, as soon as the dust settles..you need to find a job!
dresses polygraph test results. Monday, January 31, 2011; Monday, January 31, 2011
unitednations
08-16 01:36 PM
I personally think that 6 month rule-of-thumb is nonsense.
AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?
I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.
I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...
People do not post these types of issues on immigration forums.
AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?
I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.
I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...
People do not post these types of issues on immigration forums.
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land_of_opportunity
07-19 12:33 PM
gunsnkars,
You will still get 3 year H1 extensions after applying 485 as long as your priority date is not current. Anyone with a late PD will be fine.
You will still get 3 year H1 extensions after applying 485 as long as your priority date is not current. Anyone with a late PD will be fine.
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cendra
10-11 09:37 AM
Thank you Jimi_Hendrix and ilwaiting!
Your info was very helpful :)
Your info was very helpful :)
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forever
07-23 05:28 PM
Will CIS generate the Receipt notice first before transfering the application to the appropriate service center. ( like transfering the application from NSC -> TSC when the I-140 was approved at TSC but filed at NSC)
They will not generate notices before transfering. Receipt notice number depends on the centre processing your application.
They will not generate notices before transfering. Receipt notice number depends on the centre processing your application.
coopheal
10-07 12:21 AM
I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!
What should be our next steps? How do we go to public media with big bang?
What should be our next steps? How do we go to public media with big bang?
unitednations
03-15 11:52 PM
sure prove me wrong.
If you are telling me that VO or IO has access to all criminal records from all 51 states, i can't stop laughing here.
If they have access, why do they even have a section for declaring voluntarily?? to test honesty of the applicant??
Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.
Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.
There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.
I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.
In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.
Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.
I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).
Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.
Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.
This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.
Department of Homeland Security has access to a lot of information that they didn't have before.
If you are telling me that VO or IO has access to all criminal records from all 51 states, i can't stop laughing here.
If they have access, why do they even have a section for declaring voluntarily?? to test honesty of the applicant??
Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.
Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.
There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.
I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.
In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.
Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.
I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).
Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.
Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.
This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.
Department of Homeland Security has access to a lot of information that they didn't have before.
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