mbartosik
03-24 01:58 PM
http://wamu.org/programs/kn/08/03/24.php#20155
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raghureddy
03-18 07:15 PM
No it is not dead as i am still renewing my EAD with the same company. My H1 was denied as USCIS was asking about the client info after my project was over.
Dhundhun
09-21 12:26 AM
Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.
Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.
One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.
This is like a question what is project success?
- For investor/owner, it is money
- For management, it is successful completion perhaps in time and in budget
- For engineer, it is promotion, recognition and sometimes rewards
Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
- Worst case a guy gets GC just one day before marriage - forcing seperations for years
- Best case - perhaps freedom from slavery
Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.
One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.
This is like a question what is project success?
- For investor/owner, it is money
- For management, it is successful completion perhaps in time and in budget
- For engineer, it is promotion, recognition and sometimes rewards
Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
- Worst case a guy gets GC just one day before marriage - forcing seperations for years
- Best case - perhaps freedom from slavery
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shan74
01-12 07:49 PM
Thanks and wait for ur response. Also i wanted to know whether my employer or lawyer will come to know if i apply for FOIA, and will it affect my application. Another thing is my employer is not responding whether my 140 is approved or not. so i really don;t know the status of my application and he is not willing to give me the receipt #.
So please let me know will it affect my application.
thanks
So please let me know will it affect my application.
thanks
more...
pappu
06-15 09:19 AM
In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.
We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.
The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.
Other issues we have noticed are
- USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
- 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current
and other similar issues.
In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.
As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.
In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time
Difficulties faced by applicants who get wrongful 485 denials:
- When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
- Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
- Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
- Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
- Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
- If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
- Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
We request our members who have faced such issues or are facing such issues to
- post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
and
- Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)
Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously
At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.
By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
Thank you,
Immigration Voice
Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817
If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.
We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.
The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.
Other issues we have noticed are
- USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
- 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current
and other similar issues.
In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.
As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.
In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time
Difficulties faced by applicants who get wrongful 485 denials:
- When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
- Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
- Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
- Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
- Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
- If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
- Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
We request our members who have faced such issues or are facing such issues to
- post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
and
- Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)
Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously
At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.
By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
Thank you,
Immigration Voice
Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817
If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.
saurav_4096
12-22 03:36 PM
Does one have to stick to old employer for 180 days after I-140 is approved before person can start with new employer and port priority date from previous job ?
more...
NKR
05-14 11:38 AM
Morning is over. We all are in mourning since the bulletin went out...
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JeffDG
01-27 07:09 AM
This bill is probably stuck in some committee and will not see the light!
Everyone here is talking about the DV if eliminated would benefit the EB, does the FB have a say in it?
The bill in question specifically allocates the 55,000 visas from the DV Lottery to EB visas.
Everyone here is talking about the DV if eliminated would benefit the EB, does the FB have a say in it?
The bill in question specifically allocates the 55,000 visas from the DV Lottery to EB visas.
more...
kirupa
03-12 04:49 AM
If your avatar is any indication of your artistic style, I really can't wait :)
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Green.Tech
09-24 01:47 PM
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
Seba,
If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?
Seba,
If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?
more...
aph0025
11-12 01:13 PM
sure. i will PM you.
I got it, thanks a ton.
Also, can you please let me know whose pay stub you submitted to get your case closed? Was it the one from your previous employer, or the one you got your visa transferred to?
I got it, thanks a ton.
Also, can you please let me know whose pay stub you submitted to get your case closed? Was it the one from your previous employer, or the one you got your visa transferred to?
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bijualex29
08-14 02:54 PM
This is purley an example of Mailroom confusion.
You may be able to resend it clearly explaining the Mail room error.
It is best to avoid this kind of confusion. This Mail room people are not trained well to calculate or think like you and me are thinking.
You might have seen the cashier at walmart. If you buy worth of 20$ and you give 50$. They need calculator to figure it our how much to return.
You may be able to resend it clearly explaining the Mail room error.
It is best to avoid this kind of confusion. This Mail room people are not trained well to calculate or think like you and me are thinking.
You might have seen the cashier at walmart. If you buy worth of 20$ and you give 50$. They need calculator to figure it our how much to return.
more...
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ma08872
09-09 11:00 PM
The way these companies are run is pathetic. I know a Desi employer who invested his revenues into Tollywood (Telugu) movies. :D Isn�t it amusing?
Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.
Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..
Thanks.
Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.
Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..
Thanks.
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rnvd
10-30 04:41 PM
Hi rsdang,
Its not with AdvanceParole. Because i had I-94 mistake in the past. It may reflect in their systems but USCIS already apporoved my H1b.
Its not with AdvanceParole. Because i had I-94 mistake in the past. It may reflect in their systems but USCIS already apporoved my H1b.
more...
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amitkhare77
09-04 09:54 AM
Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
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senthil1
05-18 01:14 PM
This is an excellent provision. I support giving exemption for PHds from H1b also. It is not that much easy to get Phd and very less people opt for phd. This should not get any opposition even from anti immigrants.
and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...
and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...
more...
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santb1975
02-15 11:39 AM
Folks, We need participation for our So.Cal event this sunday. We targeted sending a 1000 letters from our group. However we only sent 21 letters so far and we have long ways to go to reach our goal. I strongly beleive we can achieve our target if every member of our group comes forward and paticipates in this Action Item. We have 135 members in our group and I strongly believe we can achieve our goal as a team.
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AirWaterandGC
05-12 10:09 AM
Thank you for taking action on AILA's Contact Congress website. If you'd like to get more involved in our advocacy efforts, please contact AILA's Manager of Grassroots Advocacy, Jenny Levy.
Your message was sent to:
Senator Richard J. Durbin (D-IL)
Senator Barack Obama (D-IL)
Representative J. Dennis Hastert (R-IL 14th)
This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
Your message was sent to:
Senator Richard J. Durbin (D-IL)
Senator Barack Obama (D-IL)
Representative J. Dennis Hastert (R-IL 14th)
This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
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anindya1234
07-17 10:15 PM
Bump
thomachan72
05-10 12:43 PM
I too vote SBI.....do not use ICICI...
I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....
(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)
=http://www.globalresearch.ca/index.php?context=va&aid=10489
Do you guys send >20K? via wire transfer?
I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....
(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)
=http://www.globalresearch.ca/index.php?context=va&aid=10489
Do you guys send >20K? via wire transfer?
priderock
05-15 12:48 PM
Is there already a poll like this for EB3?
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
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