GCBy3000
01-18 03:06 PM
I dont understand where they will deport you if you do not have any immigration documents? By default to mexico?... :) This office does not know anything...
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
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sirinme
06-11 07:34 PM
Just sent.
supers789
11-23 02:25 PM
Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
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kumar1
12-10 02:02 PM
There used to be a guy called VLDRAO.....self proclaimed DOS visa bulletin expert. Where is he these days? I would love to hear from him.
VLDRAO......save us!!!!!
VLDRAO......save us!!!!!
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paskal
07-03 09:13 PM
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
nixstor, you right of course. i was not comparing it to labor sub, just pointing out that there are a myriad of loopholes. the EB1C is hardly meant for employees already here- sending them out and bringing them back is legal- yet its very much a loophole being exploited. in many cases - again just my anecdotal observation, the position is not just a fake manager- yet the position is not the real "concept" of a multinational manager either. i have seen attorneys in big corporate firms getting EB1c by this method.
i do believe though that over time USCIS has become aware of this activity. A little skimming of EB1c posts on reveals a great deal of new scrutiny for the EB1c 1-140 petitions. The same is true when an entirely new employee is being brought in. they are asking a lot of questions on company structures, hierarchy and individual roles and responsibilities....
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
nixstor, you right of course. i was not comparing it to labor sub, just pointing out that there are a myriad of loopholes. the EB1C is hardly meant for employees already here- sending them out and bringing them back is legal- yet its very much a loophole being exploited. in many cases - again just my anecdotal observation, the position is not just a fake manager- yet the position is not the real "concept" of a multinational manager either. i have seen attorneys in big corporate firms getting EB1c by this method.
i do believe though that over time USCIS has become aware of this activity. A little skimming of EB1c posts on reveals a great deal of new scrutiny for the EB1c 1-140 petitions. The same is true when an entirely new employee is being brought in. they are asking a lot of questions on company structures, hierarchy and individual roles and responsibilities....
HOPE_GC_SOON
11-20 05:05 PM
Hi LWPD
Thanks for your Posting of this URL.
The URL is no more active and please help me forwarding the specified .pdf file either a PM to me or please attach the same to your reply.
Alternatively, if you can describe the path on USCIS site, that would be of great help.. I doubt they still hold that .pdf file on site. If you had downloaded this .pdf file. Please help the Team.
Thanks
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
Thanks for your Posting of this URL.
The URL is no more active and please help me forwarding the specified .pdf file either a PM to me or please attach the same to your reply.
Alternatively, if you can describe the path on USCIS site, that would be of great help.. I doubt they still hold that .pdf file on site. If you had downloaded this .pdf file. Please help the Team.
Thanks
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
more...
abracadabra102
07-01 04:18 PM
It is "petition". Thank you.
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nomi
12-12 12:36 PM
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"
Once they approve the 1-140 and that`s it it shuold be all done. AOS
(Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"
Once they approve the 1-140 and that`s it it shuold be all done. AOS
(Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.
more...
pappu
01-19 10:13 PM
Hello Members,
I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..
1. Meet the law members compaign. List of Congress Members is below:
http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
3. Commercials in Theaters playing Hindi movies
4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.
It is up to us to get these initiatives going as soon as we can.
Thanks for attending the call and taking initiative.
I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..
1. Meet the law members compaign. List of Congress Members is below:
http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
3. Commercials in Theaters playing Hindi movies
4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.
It is up to us to get these initiatives going as soon as we can.
Thanks for attending the call and taking initiative.
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Ramba
07-14 06:18 PM
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
more...
suriajay12
04-04 08:59 AM
immigration-law.com says:.. Please read the second part which is more relavant to us.
04/04/2009: Congress Passed Concurrent Resolution, H. Con. Res. 93, to "Conditional" Recess Until April 20, 2009
* The 111th Congress has passed most of key and time-sensitive bills in the first three months. The last important bill which the Congress passed was the Obama Administration's FY 2010 budget proposal. Both the House and the Senate swiftly passed the budget in the last two days. It is historical in that the single most hot button legislative bill is a budget for the government and it tends to drag the legislative process for months. This week's Congressional action on the FY 2010 budget recorded a history.
* Having resolved most of hot botton legislations, yesterday the House and the Senate passed by unaimous consent a concurrent resolution to go into recess "conditionally" until April 20 for the Senate and April 21 for the House. "Conditionally" means when any hot issues develop, the leadership of the House and the Senate can always call back the Congress into the session during this period. Accordingly, unless such event develops, the Hill will remain quite for almost next three weeks in the legislative activities.
* The members of the House and the Senate are returning to their neighborhoods to recharge their energy in their political constituency. This presents a golden opportunity for the pro and con immigrant advocates to work with the legislators to support their immigration agenda when they return to the Hill after April 20th. These legislators never rest. Recess does not mean that they can take a time off to enjoy sleep for extended hours or enjoy a vacation. In fact, they tend to get busier in their community to harden and expand their political roots. It is time for the immigration advocators to roll up their sleeves to work with these legislators in their neighborhoods on person to person basis.
04/04/2009: Congress Passed Concurrent Resolution, H. Con. Res. 93, to "Conditional" Recess Until April 20, 2009
* The 111th Congress has passed most of key and time-sensitive bills in the first three months. The last important bill which the Congress passed was the Obama Administration's FY 2010 budget proposal. Both the House and the Senate swiftly passed the budget in the last two days. It is historical in that the single most hot button legislative bill is a budget for the government and it tends to drag the legislative process for months. This week's Congressional action on the FY 2010 budget recorded a history.
* Having resolved most of hot botton legislations, yesterday the House and the Senate passed by unaimous consent a concurrent resolution to go into recess "conditionally" until April 20 for the Senate and April 21 for the House. "Conditionally" means when any hot issues develop, the leadership of the House and the Senate can always call back the Congress into the session during this period. Accordingly, unless such event develops, the Hill will remain quite for almost next three weeks in the legislative activities.
* The members of the House and the Senate are returning to their neighborhoods to recharge their energy in their political constituency. This presents a golden opportunity for the pro and con immigrant advocates to work with the legislators to support their immigration agenda when they return to the Hill after April 20th. These legislators never rest. Recess does not mean that they can take a time off to enjoy sleep for extended hours or enjoy a vacation. In fact, they tend to get busier in their community to harden and expand their political roots. It is time for the immigration advocators to roll up their sleeves to work with these legislators in their neighborhoods on person to person basis.
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dish
07-02 09:59 AM
Is Green Card numbers allocated beginning of every quarter. USCIS Fiscal year runs from october 1st to sept 30th.So for July being the start 4th quarter of the FY 07 shouldn't USCIS be allocating visa numbers in JULY. They cannot use up all the visa numbers for the FY 07 before july, Am I right ?
Supposing USCIS retrogresses PDs to 2001 or 2002, why not we push more for grabbing the wasted Green Card numbers in the prior years.
Supposing USCIS retrogresses PDs to 2001 or 2002, why not we push more for grabbing the wasted Green Card numbers in the prior years.
more...
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dankusam
12-12 09:39 PM
Hi could someone please show me how to write the letter to explain reason for AP? Should I explain why I am leaving or emphasize on the need to come back?
Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?
Thanks much!!
Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?
Thanks much!!
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logiclife
01-31 02:05 PM
If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?
The H1 approval will have the validity dates that begin on Oct 1 2007, which means that she cannot work before that.
The H1 approval will have the validity dates that begin on Oct 1 2007, which means that she cannot work before that.
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pani_6
01-17 03:12 PM
I will sign up ...Since IV has a lot o f $$ requirement now...please make a huge contribution and also sign up for monthly contribution...too many people want a free ride...free ride aint happening any more..only $$ speaks in the commercial capital!..
Excellent message from IV on Utube!..
I am not sure if IV is involving physcians of indian orgin ORg as well as Motel owners association!...these guys have deep pockets!.Also indian consulate should be in loop as they may have lobbying $$.
That said this is the time...the window of oppurtunity open and shuts..you got to be quick!..
"One cant steal in slow motion"
IV needs money now ...please dont shy away!
Its our turn gentlemen!
Excellent message from IV on Utube!..
I am not sure if IV is involving physcians of indian orgin ORg as well as Motel owners association!...these guys have deep pockets!.Also indian consulate should be in loop as they may have lobbying $$.
That said this is the time...the window of oppurtunity open and shuts..you got to be quick!..
"One cant steal in slow motion"
IV needs money now ...please dont shy away!
Its our turn gentlemen!
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HV000
03-19 12:53 PM
Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??
Any chance of EB2 India moving forward to April 05 by October 2008??
Any chance of EB2 India moving forward to April 05 by October 2008??
more...
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dvb123
04-04 10:31 AM
I think that there is little sympathy or need for the government to reform employment based immigration for IT people. I believe a lot of professors, researchers etc are stuck in EB2 category definately because very few people qualify for EB1. If IV collects a list of these people and then gets petitions from them I think there will be a good case to present to the Senators.
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Imm_Exploited
03-15 09:52 PM
I wonder who wants to take credit for the elimination of the labor substitution provision that has been (mis) used by the immigrant community as well as some employers. Labor substitution was one of the reasons for the back and forth of priority dates movement. Thankfully, effective July 2007, the labor substitution rule has been eliminated.
The immigration system was more of screwed-up one till March 2005 (not that it is no more a screwed-up system now) when the PERM was introduced. With the introduction of PERM, the priority dates were common for EB labor certification nation-wide. Prior to March 2005, we had a screwed-up policy of state-wise labor-certification backlog where those who filed from states like Maine or Nebraska had an advantage of getting not only the approval of labor certification (form ETA 750-A/750-B or ETA 9089) faster but also having the Green Card in hand much sooner than those who filed from other states.
Though the introduction of PERM, removal of labor-substitution, and the 180-day rule for name check have noteworthy and life-saving benefits for immigrants, there needs to be more transparency from DOS/USCIS on how the EB GCs are allotted or wasted unused.
IE
The immigration system was more of screwed-up one till March 2005 (not that it is no more a screwed-up system now) when the PERM was introduced. With the introduction of PERM, the priority dates were common for EB labor certification nation-wide. Prior to March 2005, we had a screwed-up policy of state-wise labor-certification backlog where those who filed from states like Maine or Nebraska had an advantage of getting not only the approval of labor certification (form ETA 750-A/750-B or ETA 9089) faster but also having the Green Card in hand much sooner than those who filed from other states.
Though the introduction of PERM, removal of labor-substitution, and the 180-day rule for name check have noteworthy and life-saving benefits for immigrants, there needs to be more transparency from DOS/USCIS on how the EB GCs are allotted or wasted unused.
IE
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makemygc
07-05 09:56 AM
Immigration-law has reported that AILA has stopped taking any more plaintiffs for the lawsuit. What's IV stance on that? Does that mean if the lawsuit is settled in favor, only plaintiffs will get the benefit?
From Immigration-law.com:-
The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
From Immigration-law.com:-
The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
Legal_In_A_Limbo
03-10 09:12 AM
I changed 5 employers over the past 6 years, after I filed my GC. I never did AC21 with out them asking for it and I responded to only one RFE with whatever the document they requested and I mentioned that I used AC21 to change the job.
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
dilber
06-06 03:53 PM
We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
Congratulations Bothi_Tree and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
Congratulations Bothi_Tree and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours
