lazycis
12-28 10:54 AM
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Employer can withdraw I-140 even after 180 days. If possible, avoid that scenario. It will cause RFE or, worse, NOID. But ultimately you'll prevail.
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Employer can withdraw I-140 even after 180 days. If possible, avoid that scenario. It will cause RFE or, worse, NOID. But ultimately you'll prevail.
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logiclife
03-21 04:47 PM
In order to be sending consistent messages to all lawmakers, please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and get the material and talking points from them.
Its very important to read those tips and directions and also keep in mind the talking points.
We have crafted those points after intense experience in talking about these issues and these are tried and tested talking points that work. Stick to the message and you will really make a big difference.
Its very important to read those tips and directions and also keep in mind the talking points.
We have crafted those points after intense experience in talking about these issues and these are tried and tested talking points that work. Stick to the message and you will really make a big difference.
thomachan72
11-10 01:56 PM
I think I have joined IV in last 3 years or so...
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
Goel_ar, I dont know why anybody would give you a red for asking this question. It is a very valid question.
I would like to say that dont count what IV has achieved but try to consider the situation "If there was no organization like IV around". Right now even if you have some issues (minor or major) you could communicate with like minded people in one place and hopefully get solutions. If you are a continued donor then IV even helps to solve some of the issues?
There are lot of benefits in being organized and whether you donate or not it is well in our interest that this survives and stays strong. What is a new opportunity arises, immediately we have a platform to jump in, right? without IV existing that would be difficult to organize and arrange at short notice.
Hope this and other posts helps friend;);)
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
Goel_ar, I dont know why anybody would give you a red for asking this question. It is a very valid question.
I would like to say that dont count what IV has achieved but try to consider the situation "If there was no organization like IV around". Right now even if you have some issues (minor or major) you could communicate with like minded people in one place and hopefully get solutions. If you are a continued donor then IV even helps to solve some of the issues?
There are lot of benefits in being organized and whether you donate or not it is well in our interest that this survives and stays strong. What is a new opportunity arises, immediately we have a platform to jump in, right? without IV existing that would be difficult to organize and arrange at short notice.
Hope this and other posts helps friend;);)
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espoir
07-10 08:36 AM
Media is a double edge sword. Lets not jump or resort into these activities and hurt IV agenda. Media can spin things around and you will be aghast at what is reported and what the truth is. We are not completely done with flower campaign. In my opinion it has now gained momentum and we have to make sure media presents our cause in a right way. And that we get a positive coverage.
more...
GCInThisLife
06-03 11:03 PM
Yes. misrepresentation is risky and dangerous and no one is asking you to do it. All I am saying is don't submit information that weren't asked and expose yourself. For example if you only need to w2s for 2006 and 2007, don't submit 2004 w2s when you were paid less etc. IOs make the decision with the information provided to them and issue RFE only if the info is not sufficient or require clarification. In fact this is what even UnitedNations wrote in other forms.. i.e. don't pro-actively submit extra documentation.
Coming to my wifes case, apparently, according to company records she was their employee since the start of H1B approval, but they were reluctant to put her on project and payroll with out SSN. When we mentioned this, the company owner was very cooperative and in fact ready to give us any letter we ask in case of an RFE or any time we request.
Btw, do you honestly think I (or my attorney/assistent who filled the entire application for us based on the documents 'he asked us to provide' - We just signed it) don't know what you were saying about mis-representation?? Remember, I didn't even know there may be problems with her 485 till I posted on this forum so no question of any deliberate mis-representation. Since our attorney asked for copy of every document 'specifically' as a bulleted list separately for both of us, we assumed that he would point out issues if there were any. :).
Also, this is exactly what I was saying.. why do come and visit this form, go back and pull my first post and quote on it?? :). If you have a suggestion or solution, please do offer.
Anyways.. Wish you all the best. I hope your wait would be over soon.
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
Coming to my wifes case, apparently, according to company records she was their employee since the start of H1B approval, but they were reluctant to put her on project and payroll with out SSN. When we mentioned this, the company owner was very cooperative and in fact ready to give us any letter we ask in case of an RFE or any time we request.
Btw, do you honestly think I (or my attorney/assistent who filled the entire application for us based on the documents 'he asked us to provide' - We just signed it) don't know what you were saying about mis-representation?? Remember, I didn't even know there may be problems with her 485 till I posted on this forum so no question of any deliberate mis-representation. Since our attorney asked for copy of every document 'specifically' as a bulleted list separately for both of us, we assumed that he would point out issues if there were any. :).
Also, this is exactly what I was saying.. why do come and visit this form, go back and pull my first post and quote on it?? :). If you have a suggestion or solution, please do offer.
Anyways.. Wish you all the best. I hope your wait would be over soon.
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
GCapplicant
06-13 01:27 PM
06/13/2008: Unresolved Disagreement With Hispanic Legislators for Highly Skilled Foreign Worker Immigration Legislations
A number of businesses and immigrants watched webcast hearing of the House Judiciary Immigration Subcommittee hearing yesterday that is related to the Rep. Zoe Lofgren's trio piecemeal employment-based immigration relief bills. The testinomies of the witnesses demonstrated a strong support of these bills by the high tech community. At the same time, the hearing revealed a continued resistance from the Hispanic supporting legislators who support the relief for the farm workers foreign workers and comprehensive immigration reform legislation, making the fate of these bills uncertain, according to the ComputerWorld report. There was also a resentment expressed by one of the legislators to the elitist mentality underlying these highly skilled foreign worker employment-based immigration bills. One wonders where these two conflicting communities can find a common ground where they can work out a compromise. It thus appears that the situation requires a very high-level of skills of negotiation and compromise for a successful resolution.
A number of businesses and immigrants watched webcast hearing of the House Judiciary Immigration Subcommittee hearing yesterday that is related to the Rep. Zoe Lofgren's trio piecemeal employment-based immigration relief bills. The testinomies of the witnesses demonstrated a strong support of these bills by the high tech community. At the same time, the hearing revealed a continued resistance from the Hispanic supporting legislators who support the relief for the farm workers foreign workers and comprehensive immigration reform legislation, making the fate of these bills uncertain, according to the ComputerWorld report. There was also a resentment expressed by one of the legislators to the elitist mentality underlying these highly skilled foreign worker employment-based immigration bills. One wonders where these two conflicting communities can find a common ground where they can work out a compromise. It thus appears that the situation requires a very high-level of skills of negotiation and compromise for a successful resolution.
more...
looivy
11-29 02:10 PM
I fail to see how this whole thing helps EB3-I/C. IV should work on measures that alleviate EB3-I/C pains.
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
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genius
05-02 03:03 AM
Hi everyone,
Last week one of my friend(Mexican) from mexico was sent back from the airport and her visa was revoked (B1/B2).The officer claimed that since she lived in the US for almost 5-6 months (no overstays) for the last 2 years,she must have worked here.Is there any possibility that she could apply for another visa (either after waiting for a few months and what are the Odds?).Can the immigrant lawyer do anything to help her get her any other visa (student or something).
Please help!!
Thanks in advance!!!
Last week one of my friend(Mexican) from mexico was sent back from the airport and her visa was revoked (B1/B2).The officer claimed that since she lived in the US for almost 5-6 months (no overstays) for the last 2 years,she must have worked here.Is there any possibility that she could apply for another visa (either after waiting for a few months and what are the Odds?).Can the immigrant lawyer do anything to help her get her any other visa (student or something).
Please help!!
Thanks in advance!!!
more...
eb3_nepa
02-21 09:15 AM
Go read the posts on the other website, and you will see how important it was to counter this guy's posts that were raising basic doubts about IV.
To have prompt responses is extremely important! If you brush aside negative comments from 'male buffalos' and not counter them - we will never be able to get them into action!
Anyway, however clumsy my efforts, I could not just sit and watch & not try to get doubts addressed.
Mercies there is a bit of a difference in getting ur doubts addressed and ur post. Once again i didnt mean any offence to you in particular, just was upset by the sheer length and attack in ur post.
To have prompt responses is extremely important! If you brush aside negative comments from 'male buffalos' and not counter them - we will never be able to get them into action!
Anyway, however clumsy my efforts, I could not just sit and watch & not try to get doubts addressed.
Mercies there is a bit of a difference in getting ur doubts addressed and ur post. Once again i didnt mean any offence to you in particular, just was upset by the sheer length and attack in ur post.
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zachs
02-11 11:18 AM
Send letter to WH & IV. I have forwarded the IV message to many of my friends.
I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.
Dear friends,
Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.
I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.
Dear friends,
Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.
more...
Marphad
11-30 03:40 PM
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
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kate123
06-01 11:43 AM
Done.
-Thanks.
-Thanks.
more...
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octoberbloom
01-12 03:27 PM
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?
I just wanted to give a try and see if this trigger my case. Please advice.
Thanks,
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?
I just wanted to give a try and see if this trigger my case. Please advice.
Thanks,
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gc_kaavaali
06-05 11:50 AM
New memo is not helping us in terms of answering few questions. Can i comeback on H1B (without subject to cap limit) after changing job using EAD?
more...
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GKBest
08-20 07:55 PM
Do you happen to know who used your labor certification? If you have a copy of the LC and I-140, inform the DOL /USCIS that someone has used your LC and I-140 without your knowledge. I'd like to believe that USCIS will take note of this and will deny the application of the person who used your LC and I-140. Your employer will be in deep trouble because of what he has done. USCIS may investigate the case. It will be wise not to mention that you paid anything. The fact that you were hired under H1 status and is still working with him shows that the LC and the I-140 rightly belongs to you.
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sparky_jones
02-20 11:41 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
more...
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kode
02-10 02:17 PM
i'm starting to believe that you're right ...
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mbartosik
01-27 01:23 PM
To he who handed over $7K.....
If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).
These include things like H1B processing fees.
They might include labor certification fees (required for GC).
Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.
So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.
I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.
If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).
These include things like H1B processing fees.
They might include labor certification fees (required for GC).
Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.
So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.
I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.
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gcdreamer05
02-11 10:43 AM
I saw the doc great work and thanks for putting in teh effort.
So in layman terms can you please explain, how many EB3 visas are allocated per month or per year and how many are necessary as per your doc, that will atleast help us understand how slow its gonna move,
are we talking about 15 days in one visa bulletin movement for EB3 or 30 days (1month) movement in one visa bulletin.
If we can do this , then we can predict how long it would take?
So in layman terms can you please explain, how many EB3 visas are allocated per month or per year and how many are necessary as per your doc, that will atleast help us understand how slow its gonna move,
are we talking about 15 days in one visa bulletin movement for EB3 or 30 days (1month) movement in one visa bulletin.
If we can do this , then we can predict how long it would take?
mariusp
06-23 05:49 PM
Kinkos is horrible!!! I went there this morning and had to wait 40 minutes for my photos and when they came back they had a greenish tint and the colors were all washed out. They looked like a two year old photoshoped them :D Clearly they would have been rejected by immigration so I asked for my money back.
I then went to Sears and they did a great job. They have professional studio equipment and all it took was 5 minutes and I had all my copies looking great like they're supposed to.
So... Sears, highly recommended. They charged me $61 for two sets of 8 photos for me and my wife which is the same price as Kinkos or CVS & Walgreens, less the horrible amateurish quality.
I then went to Sears and they did a great job. They have professional studio equipment and all it took was 5 minutes and I had all my copies looking great like they're supposed to.
So... Sears, highly recommended. They charged me $61 for two sets of 8 photos for me and my wife which is the same price as Kinkos or CVS & Walgreens, less the horrible amateurish quality.
jungalee43
03-18 04:02 PM
As already reported if SJC can send their bill on March 27, their bill would replace the bill braught by Sen. Frist. We all know that Frist bill is more positive than Specter mark? Should we start sending faxes to SJC to include identical EB provisions as Frist bill in SJC bill also?