abused
11-28 04:33 PM
July 6th filer awaiting FP (no SR opened yet). My case has been transferred back and forth between Nebraska and California. I asked my lawyer - he advised me to "Sit tight as there is nothing that can be done except to wait for them to process my I140, I485, I765 and I131 applications."
So here I am, still being underpaid and abused by my current emloyer. ...waiting for the day that I can escape and get a better paying job and work in an employee-friendly environment.
So here I am, still being underpaid and abused by my current emloyer. ...waiting for the day that I can escape and get a better paying job and work in an employee-friendly environment.
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qvadis
12-29 04:03 PM
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
wrldnw4me
04-03 10:42 AM
Good Job
Thanks for Your efforts
Thanks for Your efforts
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Libra
09-19 04:43 PM
Did you ask pappu? man, you missed it. when you come next time make sure you'll take your GC with you. yesterday i came to DC to get my GC but forgot FP appointment today and showed up one hour 30 mins late.
I was also looking here and there after rally no one handed me my green card :D
I was also looking here and there after rally no one handed me my green card :D
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eb3_nepa
06-28 10:34 AM
Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
EVEN MORE REASON to rush and file before the USCIS stops accepting applications.
rajakannan, you seem to be talking out of ur hat.
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
EVEN MORE REASON to rush and file before the USCIS stops accepting applications.
rajakannan, you seem to be talking out of ur hat.
GLIX
09-10 08:11 AM
I changed jobs 180 days from filing of 485. My lawyer asked me for the job description of the new job to make sure that it is consistent with the previous job. The titles don't mean anything.
more...
dhesha
08-20 04:22 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
Is he Narendra Mandalpa a.k.a Nick? Yes he does all this fraud all the time and I heard that he got Jail also but unfortunately he got only 20 months and may be he is back and started doing this again?
Or who knows how many Nicks are there in this country. All of these bastards should be deported back to their countries. Sorry to be so harsh but I couldn't fine better word then this for these kind of people in this country.
Is he Narendra Mandalpa a.k.a Nick? Yes he does all this fraud all the time and I heard that he got Jail also but unfortunately he got only 20 months and may be he is back and started doing this again?
Or who knows how many Nicks are there in this country. All of these bastards should be deported back to their countries. Sorry to be so harsh but I couldn't fine better word then this for these kind of people in this country.
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desi3933
07-19 05:09 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
more...
Abhinaym
07-29 12:37 PM
Is not DUE the limits, is due many aplications from India.
The reality is pending ROW 2005 - 12,815 India 2004 - 14,191 :eek:
Well if the system were fair, it wouldn't say x pending ROW, it would be like x pending eb3 and y pending eb2. Yes, there are a lot of applications from India, it is a large country! But why should it be relevant in EB based processing?
Did you choose the country you would be born in, or is somehow one's skillset dependent on national origin?
The reality is pending ROW 2005 - 12,815 India 2004 - 14,191 :eek:
Well if the system were fair, it wouldn't say x pending ROW, it would be like x pending eb3 and y pending eb2. Yes, there are a lot of applications from India, it is a large country! But why should it be relevant in EB based processing?
Did you choose the country you would be born in, or is somehow one's skillset dependent on national origin?
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GCaspirations
10-01 08:40 PM
Hello,
My application was sent on July20th to NSC.
Today I got a transfer notice saying application is transferred to Texas Service center. question
1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?
Thanks in advance
The number starting with A is the Alien registration Number. Should be same as approved I 140.
My application was sent on July20th to NSC.
Today I got a transfer notice saying application is transferred to Texas Service center. question
1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?
Thanks in advance
The number starting with A is the Alien registration Number. Should be same as approved I 140.
more...
go_guy123
05-11 01:06 PM
WASHINGTON � Democrats are trying once again to advance legislation that would give some young illegal immigrants a chance to live legally in the U.S.
Sen. Dick Durbin of Illinois plans to file a new DREAM Act bill on Wednesday. In the House, Rep. Howard Berman of California plans to file similar legislation.
Generally, to qualify the young immigrants must have a high school diploma or the equivalent and have spent two years in college or the military. They must have been under 16 when they arrived in the U.S.
At least one Republican, Rep. Ileana Ros-Lehtinen of Florida, is co-sponsoring the House bill.
The bill filings would follow a speech Tuesday in Texas on immigration by President Barack Obama.
Read more: Democrats to try again on DREAM Act - FoxNews.com (http://www.foxnews.com/us/2011/05/10/democrats-try-dream-act/#ixzz1M3rtftS0)
All token stunt by Democratic party before 2012. Last time they failed in lame duck but with GOP in power even Latino groups are not energised by it
Sen. Dick Durbin of Illinois plans to file a new DREAM Act bill on Wednesday. In the House, Rep. Howard Berman of California plans to file similar legislation.
Generally, to qualify the young immigrants must have a high school diploma or the equivalent and have spent two years in college or the military. They must have been under 16 when they arrived in the U.S.
At least one Republican, Rep. Ileana Ros-Lehtinen of Florida, is co-sponsoring the House bill.
The bill filings would follow a speech Tuesday in Texas on immigration by President Barack Obama.
Read more: Democrats to try again on DREAM Act - FoxNews.com (http://www.foxnews.com/us/2011/05/10/democrats-try-dream-act/#ixzz1M3rtftS0)
All token stunt by Democratic party before 2012. Last time they failed in lame duck but with GOP in power even Latino groups are not energised by it
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gmatch
12-13 03:07 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
more...
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vnsriv
12-12 03:54 PM
What's the significance of April 30 barrier.
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kaisersose
06-05 02:55 PM
I am more curious to know if you can use the EAD in conjunction with the H1B (working 2 jobs 1 on H1B and one on EAD).
This question was explictly asked by AILA to CIS in one of their monthly calls and CIS said they would get back on this. In other words, at that time, their position on this was not even clear to them.
This is why we see conflicting opinions on this topic from different attorneys. Some say the H-1 is gone and some say it is not.
Personally, I think it is possible to use both simultaneously and I think some people are already doing it.
This question was explictly asked by AILA to CIS in one of their monthly calls and CIS said they would get back on this. In other words, at that time, their position on this was not even clear to them.
This is why we see conflicting opinions on this topic from different attorneys. Some say the H-1 is gone and some say it is not.
Personally, I think it is possible to use both simultaneously and I think some people are already doing it.
more...
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indyanguy
12-18 06:45 PM
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
Thanks for explaining this clearly. 2 Questions:
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
Thanks for explaining this clearly. 2 Questions:
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
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dineshksharma
07-13 04:54 PM
congratulations..truly inspirational.. how did you acquire such phenominal emotional stamina?
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
more...
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mallu
12-03 03:08 AM
From that article:
""We should remember, these are people who've been living here in the U.S. with green cards for at least five years. And so it doesn't make sense that a delay is going to protect us from any national security threats," Wang said."
That is how stupid current system. I think it is to satisfy a bunch of paranoid conservative voters.
""We should remember, these are people who've been living here in the U.S. with green cards for at least five years. And so it doesn't make sense that a delay is going to protect us from any national security threats," Wang said."
That is how stupid current system. I think it is to satisfy a bunch of paranoid conservative voters.
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Atpugkeviv
12-14 12:31 PM
The status on USCIS site chagned from initial receipt to approved and sent after about 105 days of receipt notice. I hope I recieve it next few days. I had applied to Dallas lock box - paper application.
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RajForGC
06-07 12:02 PM
Friends,
EB3 - Perm May 2005, Sep Approved, 140 Approved Jan 2006
Eb2 - Perm April 2007, May 2 Perm Approved, 140/485/765
filed May 18th, 140 Approved 23rd May, Finger Print Next week.
So, My question is , if this Bill get pass then do I have to reapply again. If then my employer will send me home rather than doing so. Please2 let me know.
Thanks
EB3 - Perm May 2005, Sep Approved, 140 Approved Jan 2006
Eb2 - Perm April 2007, May 2 Perm Approved, 140/485/765
filed May 18th, 140 Approved 23rd May, Finger Print Next week.
So, My question is , if this Bill get pass then do I have to reapply again. If then my employer will send me home rather than doing so. Please2 let me know.
Thanks
spicy_guy
11-09 12:52 PM
I have travel tickets booked for 18th this month. No sign of AP yet.
Can I travel to India without AP and have someone mail AP to India?
Has anyone done this? Any issues?
Appreciate your input on this!
Can I travel to India without AP and have someone mail AP to India?
Has anyone done this? Any issues?
Appreciate your input on this!
sats123
06-19 02:22 PM
Yeah, how would I get the letter if he is not willing to.
But he still needs the Employer Verification Letter from his employer. :(
But he still needs the Employer Verification Letter from his employer. :(
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