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vin13
11-12 05:35 PM
VIN13
Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.
What else you want us to do?
Thanks.
Best would be to meet your lawmakers. It is not too hard to get an appointment. You may be able to meet the lawmaker's aide. Just explain the situation and ask for their help to resolve.
A big help would be for someone to post contact details for some of the officials (USCIS, DOS, Ombudsman). We would be able to pass this information to the senator's aides or fax/mail the letter directly.
Thanks
Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.
What else you want us to do?
Thanks.
Best would be to meet your lawmakers. It is not too hard to get an appointment. You may be able to meet the lawmaker's aide. Just explain the situation and ask for their help to resolve.
A big help would be for someone to post contact details for some of the officials (USCIS, DOS, Ombudsman). We would be able to pass this information to the senator's aides or fax/mail the letter directly.
Thanks
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gc_chahiye
08-15 05:33 PM
Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!
India did have tons of approvals, but I believe most were EB3 (18K) so thats gone to U. These are just a small number of unused visas that were presumably returned. October and there-on dates are a real reflection of USCIS backlog etc. (see the arbitrary use of Jan 2007 for EB1 in this VB)
I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!
India did have tons of approvals, but I believe most were EB3 (18K) so thats gone to U. These are just a small number of unused visas that were presumably returned. October and there-on dates are a real reflection of USCIS backlog etc. (see the arbitrary use of Jan 2007 for EB1 in this VB)
Legal
07-04 09:10 PM
[QUOTE=nixstor]Excellent analysis but it does have flaws
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
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SunnySurya
07-14 08:51 PM
Thakur to gayo... (A Dialogue from hindi movie Karan Arjun)
but the good news is , since your I-140 was approved, your PD is locked and you may be able to use AC21
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
but the good news is , since your I-140 was approved, your PD is locked and you may be able to use AC21
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
more...
unitednations
12-22 02:34 PM
this is our history...
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
punjabi
07-13 09:53 AM
Congratulations!!
I suggest you do it right away. I mean, keep papers and application ready. And Fedex it on 31st July evening.
Good Luck, my friend!
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
I suggest you do it right away. I mean, keep papers and application ready. And Fedex it on 31st July evening.
Good Luck, my friend!
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
more...
sumansk
04-04 11:52 AM
Hello Guys..
Here is the summary of the H-1 B reform bill introduced last week in Senate..
God Bless All of 'US' !!
http://durbin.senate.gov/record.cfm?id=271783
Here is the summary of the H-1 B reform bill introduced last week in Senate..
God Bless All of 'US' !!
http://durbin.senate.gov/record.cfm?id=271783
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hemal555
02-13 01:11 PM
I also think congressman for Bergen County belongs to the target green category. Anyone from Bergen County, NJ to arrage a meet with congressman (some congressman tends to entertain the meeting request from person who belongs to his/her constituency).
thanks,
hemal
thanks,
hemal
more...
desigirl
02-16 09:05 AM
Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
Thanks.
Thanks.
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Pagal
07-02 01:45 AM
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
Hello,
Done...this is a neat tool! Makes advocacy fast and efficient!
Hello,
Done...this is a neat tool! Makes advocacy fast and efficient!
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abcdefgh
01-17 02:25 PM
Just on a positive note of contribution thread and efforts, I just wanted to raise a voice whether we have put enough effort in reaching and notifying members about contribution and retrogression awareness. Not from any side, I see IV's efforts are less but question still arise is "Have we put enough effort in reaching to members about contribution?" Pardon me if I am being too pushy on our contribution initiative. But as I understand to sell an idea, we need to be real pushy. Please post any idea which require volunteer work to reach the members and ask them contribute. I am open to work on it.
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suriajay12
03-30 07:47 AM
very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?
Do we do any more than just agreeing with others or disagreeing.. Sorry.. but we must not let down our efforts. I wrote to Zoe Lofgren and change.gov this weekend. What did you do for your problems?
as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?
Do we do any more than just agreeing with others or disagreeing.. Sorry.. but we must not let down our efforts. I wrote to Zoe Lofgren and change.gov this weekend. What did you do for your problems?
more...
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Macaca
07-17 09:19 AM
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Please post IRS/USCIS/DOS/DOL/... link that requires H1B's to pay ALL taxes. We still have to prove that all H1B's actually pay ALL taxes. Thanks
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Please post IRS/USCIS/DOS/DOL/... link that requires H1B's to pay ALL taxes. We still have to prove that all H1B's actually pay ALL taxes. Thanks
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vandanaverdia
09-11 01:51 PM
GC is not too close....
September 18 is not far away...
Come to DC and bridge the gap!!!!
GO IV!!!!!!
September 18 is not far away...
Come to DC and bridge the gap!!!!
GO IV!!!!!!
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stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
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chanduv23
04-09 10:40 PM
We are not saying that they are not doing their job well. We just want better visibility to plan our future. I want to buy Hose which has substancial investment, can I buy during this uncertainity, may be.
Buying a hose is not substantial investment. It may cost $20 to $50 based on the length you need
Buying a hose is not substantial investment. It may cost $20 to $50 based on the length you need
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Dhundhun
07-11 01:29 PM
issue one year EAD and milk more money
First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
.. Most of EB2 gets 1 yr. EAD
.. Most of EB3 gets 2 yr. EAD
First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
.. Most of EB2 gets 1 yr. EAD
.. Most of EB3 gets 2 yr. EAD
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rajuram
01-28 11:00 AM
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Rajuram
You got couple of things wrong here. Passing a legislation is not a piece
of cake. It would take sometimes years persistent effort. Contributing
a few hundred or even a thousand dollars and expecting everything to be
changed would be too ridiculous. Several tech lobbies are also lobbying
hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.
Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.
If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D
Now good luck on your GC
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Rajuram
You got couple of things wrong here. Passing a legislation is not a piece
of cake. It would take sometimes years persistent effort. Contributing
a few hundred or even a thousand dollars and expecting everything to be
changed would be too ridiculous. Several tech lobbies are also lobbying
hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.
Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.
If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D
Now good luck on your GC
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abracadabra102
07-01 04:18 PM
It is "petition". Thank you.
DarkChild
03-12 09:03 AM
great work all of you guys, my choice was between grinch's and thirdworldman. i voted thirdworldman, but i just wanna say i know grinch hasn't done this a lot, so i think you've done an excellent job man :thumb:
sodh
07-24 06:02 PM
What i have heard is that the recent I140 approvals (2006/07) contains A#.
Only the ones who were on OPT.
Only the ones who were on OPT.
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