Tuesday, June 21, 2011

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  • wikipedia_fan
    04-09 02:42 PM
    I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.

    In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.

    There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).

    They sent Denial letter to Attorney on 01/19/2009 stating that I485 application was filed when dates are not current , they mentioned that on the day receipt date (oct 12' 07) dates are not current.

    Took Infopass and went to filed office where I was told that if I this it is USCIS Service error, file MTR .

    Filed MTR thru Attorney on Feb 5 09. Filing Fee is not enclosed as it is USCIS service error.
    (This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).

    Till date I did not get any communcication from USCIS. 2 months have been passed.

    Please advice me on this issue

    Receipting is not done by VO and the staff who do receipting follow certain procedures.

    USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.

    Files are distributed to different officers and they work on the files.

    Without a receipt number you cannot track your MTR.

    Talk to a very good Attorney on further course of action.

    I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.

    When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"

    Remember MTR = if USCIS makes a mistake - MTR costs $$
    Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.





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  • Arjun
    01-04 12:50 PM
    Question.

    If you have one wife and u get divorced you have to give her 50% of what u have.

    What happens if you have 2 wives? ;)

    They both get 50/50 :D





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  • sunny1000
    05-30 10:18 AM
    I applied on May18 for I-140 and will be applying to I485 soon.. and would get EAD...so what happens to EAD and AP...I cant beleive they are
    waste..Probabaly people with pending I-140 will be subject to the new systems..??..what do you guys think??..Its not pratical to drive people down the Queue again..

    Nothing will go th waste until this bill becomes the law. After that, you still have another year or more before the points system kicks in. It is when they start the points system (oct 2008) when they will look into this dreaded date of May 15 2007 and decide on people's fate. Until then, keep doing what you are doing.





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  • gauravsh
    02-21 01:07 PM
    Can you please tell where are you located ?



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  • natrajs
    09-21 04:29 PM
    You know that's my point. do you really think we can't do nothing more?.....

    we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....

    This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...

    So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.

    I'm no negative just wondering how to measure the success of the rally?


    Dear Friend

    As you said nothing will happen now, The Whole idea of rally is create awareness among the lawmakers.

    In a Old say " The Person who plant a mango tree will not be able to eat that mango, however the next generation will do" I assume that person is selfless.

    Let us all hope the best





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  • thomachan72
    05-20 01:52 PM
    I dont know about other members but it is hard for me to blv that IIT's and IIM's will come to US for a masters degree coz they could not find a job in India or they could not get an admit in a master's program.

    If that was the case people would have stopped going got IIT's/IIM's. Why will someone work so hard to get to the top most program - to not get a job and then pursue MS from US OF A????

    I think the IIT's/IIM's come here they MOSTLY (not all) come here for a purpose....research/money/better life/whatevet.....

    Any IITians or IIM's who are member care to throw some light. I personally know 2 IIT's and 1 IIM who are in US for good and would check with them.....

    Let me put it in an other way..
    If you graduated from an IIT or IIM the chance that you are here in the US is 5-10%. Or in other words, 95% of those currently doing masters / PhDs in the US wouldn't be here if they were capable of securing admissions into an IIT / IIM.



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  • decastod
    05-15 01:12 PM
    All,

    This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.

    If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.





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  • lazycis
    11-29 07:41 PM
    It does not matter who will get credit for this. It would not happen without people taking action - IV members or those who took the USCIS to court (BTW, 90% of those did it without attorneys). Nothing happens if you do not do anything!



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  • NKR
    02-12 09:42 AM
    I think we need to have a thread to report the name of such companies...





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  • pushkarw
    12-21 01:02 PM
    Have you contributed to the MILLION dollar drive? Please visit the funding thread.



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  • sujith1
    12-03 01:47 PM
    I do not understand Number 4 : As far as I understand and what lawyers told me - your salary can go up and as long as it does not go below the posted number in your Labor Petition you are fine. But I hear this comment always - This confuses me as to how much truth is there in it.

    Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.

    1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.

    2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.

    3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.

    4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).

    5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.

    6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)

    7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)





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  • alterego
    07-07 06:48 PM
    MHB's face spoke more than words can say. Not sure acting or genuine expression captured by the cameraman but great.
    Showed his frustration and disappointment very well. Overall a well done and convincing piece.



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  • tonyHK12
    11-11 05:13 PM
    Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.
    I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.

    Yes but empirical evidence points to the contrary - About 100 something donors out of 45000
    Some persons have trust issues with sending money to IV.
    Guys Immigration voice is a non-profit, and as core group mentioned in their video, people can be arrested for misusing funds. The annual reports for previous years are available.
    Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)

    In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.

    Yes people need to learn that we are small in number and need everyone to support each others cause. Even 5 bucks a month from everyone is enough to achieve the dream - average lunch money. Sometimes I'm surprised we're dealing with high skilled immigrants here.
    While almost everyone has been in a situation of spending hundreds of dollars in immigration fees. I paid $1000 6 months back for premium processing.
    Some people have experienced old corruption in Indian politics and think things are the same here. I assure you its not.
    So whats the next excuse going to be now? laziness or boredom?





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  • bkarnik
    04-10 03:26 PM
    Friends:

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.



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  • vin13
    06-24 07:08 PM
    Firstly, I'm a supporter of CIR...but I still sense some ambiguity in these lines...

    may be it's just me...:)

    "Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics"

    The specific details is what we are all waiting for. CIR seems to be the only way to expect some change for EB. We need to work for this change to be a good one for us.





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  • xyzgc
    10-23 03:09 PM
    After waiting in limbo for so long....even an RFE sounds like sweet news :) . I am hoping its about something simple like Employment verification or something (My company is Fortune 100 , so I don't think it would be about ability to pay). And hoping there are no other delays on the way (like Namecheck etc)

    So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!

    I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.

    Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
    Even if its not cleared, you would have surely crossed 180-day barrier, yes?
    I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.



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  • mirage
    03-11 05:23 PM
    Probaby you didn't see the whole list...
    From Your Petitioner:
    � A copy of the petition with all supporting documents as filed to USCIS.
    � A copy of the employment contract or letter of agreement signed by you and the petitioner.
    � Petitioner�s Income Tax Return for the last two tax years and financial statements.
    � A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
    � State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
    � A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
    � A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
    � A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
    � A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.


    I find the requirements for H/L visa at Hyderabad quite legit.

    Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.

    Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.


    As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).

    What's wrong in asking these documents?





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  • techysingh
    02-03 09:36 AM
    not yet





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  • IneedAllGreen
    01-31 03:54 PM
    Folks,

    I guess from this link/pdf people will get hint on where USCIS will use new fees money.

    http://www.uscis.gov/files/pressrelease/PRBuilding1.pdf

    Thanks
    INeedAllGreen





    hypersphere
    05-08 05:25 PM
    EB2, India, PD-oct 2003, RD-June 2007, I485- May 1st 2008.

    o Nothing materially and noticeably. A minor nuisance out of the way.
    - What did you do on the day you received it?
    o Was glad but no celebration.
    - How did the long wait upset your life?
    o Yes for a while. But the entire episode changed my outlook and showed me a different perspective. After being frustrated for a while I realized I should not called myself �skilled� if I cannot navigate the rather simple green card mess. People are successful despite extraordinary physical handicaps and here I was restraining myself under the simple excuse of GC. I realized that I had to and could create oppurtunities for myself, without GC and without being in the US. Fortunately at that very time I got my EAD (June 2007). I gave myself a hard limit of 1 year and if GC did not materialize in a year I would ditch the effort and move to plan B. By april this year I began taking steps towards a change of job. My prospective job title was going were different but I was willing to risk the GC. Now I was wishing I should not get a GC since I would need to shelve plan B for 6 months. And suddenly on May 1st I got the GC, just when I did not want it!
    - How did immigrationvoice help you during this long wait?
    o Tremendously. When GC was important to me, it gave me a platform where I could act to make a change. I haven�t been active but just contributed a couple of hundred dollars to the cause.
    - Would you like to continue your support to immigration voice and help others waiting?
    o No, the cause has long ceased to be important to me.
    - Any advice for everyone?
    o Don�t create impediments for yourself by hanging onto GC and getting frustrated. Move on, there is plenty of good life outside clutches of GC!

    Good luck to all, with or without GC life will work out good for you and your families!!





    satishku_2000
    07-13 03:49 PM
    Should we be worried about the DREAM ACT?
    Only if you have kids who are old enough ot age out ... I dont have kids but I can support the bill if the bill caters to dreams of legal kids too ..



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