Roger Binny
05-29 09:37 PM
+1 one from me, why can't we pass this to all US friends as a forward?
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jethro11
04-21 02:16 PM
vhd999,
Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.
Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.
KanME
07-19 04:24 PM
I have been in this country for almost 10 years and I have never felt more stressed about these status issues than I did today. I even stopped working from this afternoon reading forums for similar cases, finding info here and there etc. :(
This is confusing..I have a similar situation(not paid for 2 weeks)..
When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??
What does your lawyer say?
This is confusing..I have a similar situation(not paid for 2 weeks)..
When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??
What does your lawyer say?
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alterego
12-14 06:56 AM
Labour Sub the way it is used is legal but not necessarily moral. However the USCIS has always looked at this ONLY from the EMPLOYERS eyes and therefore don't see much wrong in it. I am sure this is one thing we would agree with the programmers guild on.
The really scary thing is "Vintage wine" is really precious and very much in demand. However if it were available in huge quantities, it would be had as often as you want. Problem for us is that with BECs moving applications very fast, there will be sure to be many more of these floating around and freely available. As long as they allow this, the pace of movement of PDs will be anemic at best.
One argument to be made which might get more traction is that this practice is unfair to the newer companies as compared to more established ones.
The stench of this system is at times unbearable. I have always said, it selects its criteria and positively discriminates on such things such as place of birth, yet places little value on the importance of a particular skill set (after all it is EB immgration we are talking about). In many ways it is its simplicity as a system in a much more complex and manipulative world that causes these problems. Whether this is by design or not is another discussion. Either way it stinks!
The really scary thing is "Vintage wine" is really precious and very much in demand. However if it were available in huge quantities, it would be had as often as you want. Problem for us is that with BECs moving applications very fast, there will be sure to be many more of these floating around and freely available. As long as they allow this, the pace of movement of PDs will be anemic at best.
One argument to be made which might get more traction is that this practice is unfair to the newer companies as compared to more established ones.
The stench of this system is at times unbearable. I have always said, it selects its criteria and positively discriminates on such things such as place of birth, yet places little value on the importance of a particular skill set (after all it is EB immgration we are talking about). In many ways it is its simplicity as a system in a much more complex and manipulative world that causes these problems. Whether this is by design or not is another discussion. Either way it stinks!
more...
Gravitation
12-13 01:02 PM
Hi Gravitation,
How do you know this? Can you please elaborate.
Regards.
Hi Vicky,
Here's a thread that discusses this:
http://www.immigrationportal.com/showthread.php?t=219339
Regards,
Gravity
How do you know this? Can you please elaborate.
Regards.
Hi Vicky,
Here's a thread that discusses this:
http://www.immigrationportal.com/showthread.php?t=219339
Regards,
Gravity
Administrator2
06-26 12:02 PM
Guys, Could we concentrate on the developing situation, please?
Could you please call Senate offices expressing your opposition to Menendez amendment?
http://immigrationvoice.org/forum/showthread.php?t=5663
Could you please call Senate offices expressing your opposition to Menendez amendment?
http://immigrationvoice.org/forum/showthread.php?t=5663
more...
lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
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amit_p27
06-26 12:36 PM
Ok all this Dharmic moralistic talk was highly unwanted.
Congrats on the news and thanks for trying to be united.
you are most welcome :)
god bless you !!!!!!!!!
Congrats on the news and thanks for trying to be united.
you are most welcome :)
god bless you !!!!!!!!!
more...
abqguy
04-20 02:11 PM
Just wrote to whitehouse and to my senator.
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s_r_e_e
08-31 10:10 PM
Even today i came across a friend saying according to his so and so friends thinking , EB2 should move very fast as last time it jumped from 2002 - 2004 or what ever in 2 months !!!!... There are lot of people who dont understand the depth of the problem , the yearly limit , country quota etc..
I think the only way to make them understand is to tell that since 1 million people are in queue and only 140K GC per year , your GC will take any where from 8-15 years.. :)
I think the only way to make them understand is to tell that since 1 million people are in queue and only 140K GC per year , your GC will take any where from 8-15 years.. :)
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payur
06-27 08:44 AM
you should probably correct ur sentence "... and obviously every one is as anxious as others to get their papers (fedexed) filed on time, fedexing it will not alone guarantee your filing.
You are having fun. Don't you?
You are having fun. Don't you?
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Soul
02-11 03:23 PM
Guig0, I meant 'over' because I finished my entry, not because the voting was over.
Thanks Majeye! :beam::bounce:
- Soul :goatee:
Thanks Majeye! :beam::bounce:
- Soul :goatee:
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seahawks
08-10 12:41 AM
I don't care about LS. Almost all cases I know are fraud. Sometimes 2 guys got GCs on same labor(since they were not asking Original LC). Thank god USCIS banned LS.
God Bless USCIS for banning LS.
As much I understand LS has let people jump in line, it was a provision that was available for people to seek green card legally. We in IV do not differentiate on members on what methods or case scenarios they use or have used to obtain a Green Card. We need all our energies to be focussed to support IV initiatives. We need to refrain from any language that introduces confusion or division within the community. Even though "freedom of speech" or opinions are encouraged, we absolutely cannot say anything we want and get away with it in a common forum, can we?:)
God Bless USCIS for banning LS.
As much I understand LS has let people jump in line, it was a provision that was available for people to seek green card legally. We in IV do not differentiate on members on what methods or case scenarios they use or have used to obtain a Green Card. We need all our energies to be focussed to support IV initiatives. We need to refrain from any language that introduces confusion or division within the community. Even though "freedom of speech" or opinions are encouraged, we absolutely cannot say anything we want and get away with it in a common forum, can we?:)
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darslee
07-06 02:17 PM
Thanks IV & thanks Dr. read about his story yesterday -- hope something good comes out.
I second that!
I second that!
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software7
05-12 02:13 PM
Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
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chanduv23
03-11 03:55 PM
Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
more...
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rahulpaper
09-09 11:52 AM
On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
Thanks
Rahul
If 485 application is pending for longer time, say more than 2 years, I have seen that USCIS wants a reconfirmation from the employer that they continue to support the green card application for the position for which the application was originally applied. This is not just applicable to consulting companies alone. Any types of companies and applicants in any categories (Eb-1,2&3) could get RFE at the last stage of the process. So to have your application processed without a shred of a doubt, it is best to be in a position to reply that RFE anytime during the process.
Thanks
Rahul
If 485 application is pending for longer time, say more than 2 years, I have seen that USCIS wants a reconfirmation from the employer that they continue to support the green card application for the position for which the application was originally applied. This is not just applicable to consulting companies alone. Any types of companies and applicants in any categories (Eb-1,2&3) could get RFE at the last stage of the process. So to have your application processed without a shred of a doubt, it is best to be in a position to reply that RFE anytime during the process.
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logiclife
11-06 11:11 AM
Guys,
I had INFOPASS appointment today. We reached 15 minutes before scheduled time. 8101 N Stemmns Fwy - Building does not have visible number "8101" but large "Department of Homeland Security" board is easily visible. At the entrance we showed our infopass appointment letter and Guard told us to stand in a queue behind racks. I saw 2 different queues nearer to Window so curiously I asked the fellow who was right ahead of me and he told me that the queue where we stand is meant for people who have not taken appointment and other queue right across the window is meant for people who have taken an appointment. There are no sign boards for these 2 different queues. Guard misguided us so all in all we wasted 5 to 7 minutes I came out from that queue and stand in the right queue again. At the window I was asked for Driving license and purpose of the appointment. I showed driving license and told we filed AP in July, 1* but have not received it. He demanded I-131 receipts and I represented them. Then he gave us tag numbers for all family members including myself. Then we moved towards the main entrance of the bulding. Guard instructed us to remove wallet,pen, anything we had in our pockets, purse,belt etc (Cell phones are not allowed inside the building) and put in one bucket which was scanned through the machine like available on airports. We had to walk through metal detector and then took possesion of our belongings and then waited in the waiting room for approximately 15 minutes. As our tag number appears on the electronic board with assigned counter number, we went to the counter. Lady officer greeted us and asked the purpose of the appointment and again I represented infopass appointment letter and I-131 receipts and told her that I have not received our advanced parole yet although we filed on July 1*. She dived into her computer and said your all Advanced parole are already approved on 10/1*/07 (Which was the date of first (And only one) LUD on our APs) and already mailed to you so she can not issue either "Original" or "duplicate" Advanced parole. According to her I should be receiving them any day now. She herself wanted me to give me the info about EAD status without myself asking so I told her that we already received our EADs and then she asked me, do I have any question for her and I said yes, what would be our name check status and she again digged into computer.According to her my Name check is still pending and I should inquire again after 4 months by taking another infopass appointment. Upon my further digging she told me that if everything is "generally clean" then 4 months is a standard period to get name check clear so she suggested me "inquire after 4 months". According to her my family has already cleared name check.
Thanks.
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
I had INFOPASS appointment today. We reached 15 minutes before scheduled time. 8101 N Stemmns Fwy - Building does not have visible number "8101" but large "Department of Homeland Security" board is easily visible. At the entrance we showed our infopass appointment letter and Guard told us to stand in a queue behind racks. I saw 2 different queues nearer to Window so curiously I asked the fellow who was right ahead of me and he told me that the queue where we stand is meant for people who have not taken appointment and other queue right across the window is meant for people who have taken an appointment. There are no sign boards for these 2 different queues. Guard misguided us so all in all we wasted 5 to 7 minutes I came out from that queue and stand in the right queue again. At the window I was asked for Driving license and purpose of the appointment. I showed driving license and told we filed AP in July, 1* but have not received it. He demanded I-131 receipts and I represented them. Then he gave us tag numbers for all family members including myself. Then we moved towards the main entrance of the bulding. Guard instructed us to remove wallet,pen, anything we had in our pockets, purse,belt etc (Cell phones are not allowed inside the building) and put in one bucket which was scanned through the machine like available on airports. We had to walk through metal detector and then took possesion of our belongings and then waited in the waiting room for approximately 15 minutes. As our tag number appears on the electronic board with assigned counter number, we went to the counter. Lady officer greeted us and asked the purpose of the appointment and again I represented infopass appointment letter and I-131 receipts and told her that I have not received our advanced parole yet although we filed on July 1*. She dived into her computer and said your all Advanced parole are already approved on 10/1*/07 (Which was the date of first (And only one) LUD on our APs) and already mailed to you so she can not issue either "Original" or "duplicate" Advanced parole. According to her I should be receiving them any day now. She herself wanted me to give me the info about EAD status without myself asking so I told her that we already received our EADs and then she asked me, do I have any question for her and I said yes, what would be our name check status and she again digged into computer.According to her my Name check is still pending and I should inquire again after 4 months by taking another infopass appointment. Upon my further digging she told me that if everything is "generally clean" then 4 months is a standard period to get name check clear so she suggested me "inquire after 4 months". According to her my family has already cleared name check.
Thanks.
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
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needhelp!
09-02 09:28 AM
I wish I was in DC to do this! Texas is looking dryer by the day, and I am SICK of the excuses I heard.
Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
dineshksharma
07-14 07:56 AM
Congratulations Dinesh! I feel very happy for you.
Could you take some time out and let us know about your H1B delay in India?
Thanks
I had gone to India for my father's 75th. b'day and planned to get my H-1 renewed. However, when I went to embassy, they said that I have to get clearance and will take one week. I said fine. One week became two weeks, then one month and then two months. I tried to contact embassy and other people, but of no use. My chief here in US, also tried. Meanwhile, my AP had arrive in US (we had filed for I485).( My wife had already got her H-1 approved and she had gone back.) She send me the AP. I contacted two of my lawyers; one said it is fine to come with AP, other said no. I send a letter to embassy asking about my travel with AP. They said, it is legal and not suggested!!!.
So after waiting for two month, I took a chance and came here on AP. At the airport, they took more than one and half hours to get be cleared, meanwhile my wife was waiting for me outside, not knowing what was happening. She was in tears when I came out finally.
After I came to US, I was informed from India that the US embassy had called and said that my name has been cleared and I should come to get my H1 visa stamped.!!!!!!!!
Could you take some time out and let us know about your H1B delay in India?
Thanks
I had gone to India for my father's 75th. b'day and planned to get my H-1 renewed. However, when I went to embassy, they said that I have to get clearance and will take one week. I said fine. One week became two weeks, then one month and then two months. I tried to contact embassy and other people, but of no use. My chief here in US, also tried. Meanwhile, my AP had arrive in US (we had filed for I485).( My wife had already got her H-1 approved and she had gone back.) She send me the AP. I contacted two of my lawyers; one said it is fine to come with AP, other said no. I send a letter to embassy asking about my travel with AP. They said, it is legal and not suggested!!!.
So after waiting for two month, I took a chance and came here on AP. At the airport, they took more than one and half hours to get be cleared, meanwhile my wife was waiting for me outside, not knowing what was happening. She was in tears when I came out finally.
After I came to US, I was informed from India that the US embassy had called and said that my name has been cleared and I should come to get my H1 visa stamped.!!!!!!!!
gc_check
03-29 07:18 AM
Moderators, Can this thread be moved to member only section and require a login to read the posts, Do see in some posts, some folks had explicitly mentioned the names and offices IV had approached... Wouldn't it give a lead to anti-immigration activist?