Nil
03-11 12:32 PM
i guess some of the folks who are in the same GC boat do not approve of a few getting into citizenship while the rest are left behind.
This is fully understandable.
All what we are aiming for, finally, is citizenship.
All what a few red dotted folks here are talking about is to set a fair timeline for it.
Say if one gets the GC after 4 yrs of application, s/he will get a citizenship roughly 10 yrs from that start. What is wrong if someone who is waiting in queue for 10 years can finally apply for citizenship?
We need to find a plan to propose that will speed up the GC process as well as deliver citizenship after a foreseeable period of time.
There is no discrimination here.
Please feel free to reason out instead of pouring in red dots.
This is fully understandable.
All what we are aiming for, finally, is citizenship.
All what a few red dotted folks here are talking about is to set a fair timeline for it.
Say if one gets the GC after 4 yrs of application, s/he will get a citizenship roughly 10 yrs from that start. What is wrong if someone who is waiting in queue for 10 years can finally apply for citizenship?
We need to find a plan to propose that will speed up the GC process as well as deliver citizenship after a foreseeable period of time.
There is no discrimination here.
Please feel free to reason out instead of pouring in red dots.
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kshitijnt
05-10 02:26 AM
Hunter, this is the first sensible post from you. Now you agree that abusers of this H1 visa system are corporations not the immigrants on their own. So far you were busy bashing immigrants.
Also if US is a free market and capitalist society, why should corporates employ "whoever" is locally available. Its a private money afterall. Shouldent it be upto them to decide how to spend? Also most US corps, have local presence and as for taking a tax break, I hope companies did not promise to create "ALL" jobs in US. Majority of local jobs go to US citizens. They still create thousands of local jobs and pay H1 visa fees part of which goes to train american workforce. If the wages were equal, its more expensive for a company to hire H1 worker.
Also if US is a free market and capitalist society, why should corporates employ "whoever" is locally available. Its a private money afterall. Shouldent it be upto them to decide how to spend? Also most US corps, have local presence and as for taking a tax break, I hope companies did not promise to create "ALL" jobs in US. Majority of local jobs go to US citizens. They still create thousands of local jobs and pay H1 visa fees part of which goes to train american workforce. If the wages were equal, its more expensive for a company to hire H1 worker.
factoryman
05-24 06:31 PM
I-693, supplemental I-693 (vaccination record) , copy of enclosed documents, blood tests (HIV) , skin test results( BCG), your acceptance for these tests, x-ray report (if skin test is very positive - see belwo) and TB diagnosis ( no TB) is enclosed in the sealed envelope. In original.
The same set is given to you. The medical staff with go through section by section and show it to you (in your copy) that all sections are completed ans signed. If you take vaccination on the first day, then on the third day they will give you sealed cover. [LIST=1]
Feel free to PM me if you need any information. I don't go back and read all the threads and all postings. So, PM is best.
Can someone explain to me what is advance Parole and why it is needed?? My lawyer didn't mention it.
also how long do you have to wait after you get the medical exam done to get the results to file for I-485??? Thank you
The same set is given to you. The medical staff with go through section by section and show it to you (in your copy) that all sections are completed ans signed. If you take vaccination on the first day, then on the third day they will give you sealed cover. [LIST=1]
Feel free to PM me if you need any information. I don't go back and read all the threads and all postings. So, PM is best.
Can someone explain to me what is advance Parole and why it is needed?? My lawyer didn't mention it.
also how long do you have to wait after you get the medical exam done to get the results to file for I-485??? Thank you
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fatjoe
10-05 10:55 PM
Congrats SoP. I knew you would get it soon as mentioned in my previous post. All of your efforts got paid off. Yes, I might need your help in writing a touchy letter to Napolitino.
Could you post the main body of theletter that you sent to Napolitino.
Folks,
Today at 2:03 PM EST I received the coveted CPO mail for my wife. I was approved on Sept 3rd and was the primary and I have not yet received the CPO as there is Biometrics issue, my wife had the same issue but the vagaries of USCIS which is worse than Indian monsoon...
I wish Caliguy, Fatjoe, Apb and many others who are at or older than my PD get their approval soon. If I can be of assistance in any way to you guys please let me know....My wife her case was separated from me and I was worried that it fell thru the cracks..but my persistence with all the channels especially congressional and POJ I guessed did it.
Not that you guys are leaving any stone unturned but just keep trying...
She was at initial review stage till Oct 2nd and not preadjudicated and separated from primary case and bingo on 5th she jumped to CPO...
You really never know...
Take care and I'll still be visiting IV and commenting and helping out..
SoP
Could you post the main body of theletter that you sent to Napolitino.
Folks,
Today at 2:03 PM EST I received the coveted CPO mail for my wife. I was approved on Sept 3rd and was the primary and I have not yet received the CPO as there is Biometrics issue, my wife had the same issue but the vagaries of USCIS which is worse than Indian monsoon...
I wish Caliguy, Fatjoe, Apb and many others who are at or older than my PD get their approval soon. If I can be of assistance in any way to you guys please let me know....My wife her case was separated from me and I was worried that it fell thru the cracks..but my persistence with all the channels especially congressional and POJ I guessed did it.
Not that you guys are leaving any stone unturned but just keep trying...
She was at initial review stage till Oct 2nd and not preadjudicated and separated from primary case and bingo on 5th she jumped to CPO...
You really never know...
Take care and I'll still be visiting IV and commenting and helping out..
SoP
more...
ramhs
06-28 09:56 PM
My attorney is planning to send out the paperwork on June 29 to reach by monday july 2nd , is there any problem to this, is there any risk involved in sending on 29th, is anybody else doing this ? Please respond, this is urgent.
leo70
10-19 11:58 PM
recd CPO email. For tracking: TSC and PD: Jan 21 05
more...
SunnySurya
08-06 08:04 PM
THIS ISSUE IS CLOSED NOW. MISSION ACCOMPLISHED. WITH SOME REGRETS
See the final results http://immigrationvoice.org/forum/showthread.php?p=300225#post300225
*****************
Original Message:
There is a difference between laws and regulations. Laws are what in INA (Immigration and Naturalization Act) and Regulations are what in CFR.
It takes congress and senate to change laws where as it takes discretion to change regulations. And the good news is that discretion can be challenged.
There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used. Our primary point is that the spirit of law has not been upheld.
Following are the steps in making this a reality:
a) Gather around 50 people
b) Develop and finalize draft of the case. Rolling_Flood has a initial draft.
c) Hold initial consultation with a lawyer.
d) Decide as a team if we want to continue.
e) File a class action suit or next course of action
(as of 08-29-08 , we have dropped the idea of lawsuit and are pursuing other avenues)
Not sure what is the total cost but given the years of wait and uncertainty $500 per person should be reasonable. I will also create a yahoo group to start these discussions.
Notes:
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
See the final results http://immigrationvoice.org/forum/showthread.php?p=300225#post300225
*****************
Original Message:
There is a difference between laws and regulations. Laws are what in INA (Immigration and Naturalization Act) and Regulations are what in CFR.
It takes congress and senate to change laws where as it takes discretion to change regulations. And the good news is that discretion can be challenged.
There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used. Our primary point is that the spirit of law has not been upheld.
Following are the steps in making this a reality:
a) Gather around 50 people
b) Develop and finalize draft of the case. Rolling_Flood has a initial draft.
c) Hold initial consultation with a lawyer.
d) Decide as a team if we want to continue.
e) File a class action suit or next course of action
(as of 08-29-08 , we have dropped the idea of lawsuit and are pursuing other avenues)
Not sure what is the total cost but given the years of wait and uncertainty $500 per person should be reasonable. I will also create a yahoo group to start these discussions.
Notes:
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
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singhsa3
10-21 08:28 PM
Can you please state the source of ur information.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
more...
ab_tak_chappan
08-20 11:44 PM
Guys why dont you get it???
EB1 is the most imp for US, followed by EB2, followed by EB3?
Why should USCIS follow the approach of oldest priority first? without any regards to the EB categories?
EB categories were created for a reason, doesn't matter how smart you are. If you are in lower skill category your wait is bound to be more. I don't see anything wrong in that.
If EB1 is current and EB2 takes 4-5 years you can't just start crying. Similarly if EB2 takes 2 years and Eb3 takes 7-8 years you can't panic. Stop being a cry baby and start respecting the inter EB level priority.
EB1 is the most imp for US, followed by EB2, followed by EB3?
Why should USCIS follow the approach of oldest priority first? without any regards to the EB categories?
EB categories were created for a reason, doesn't matter how smart you are. If you are in lower skill category your wait is bound to be more. I don't see anything wrong in that.
If EB1 is current and EB2 takes 4-5 years you can't just start crying. Similarly if EB2 takes 2 years and Eb3 takes 7-8 years you can't panic. Stop being a cry baby and start respecting the inter EB level priority.
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jb1909
08-19 10:46 AM
To xyz2009:
Congratulations on getting approved. My wife traveleved to India in a similar situation. She left 2 days after the GC approval email. She returned yesterday on her H1B. I think the systems at the POE take time to reflect the new status. She was planning to inform the IO in case he/she asks about the GC approval - but they did not ask anything. Before she left, she spoke to a second level IO who said it was OK to travel and just to explain to the IO at POE in case it comes up. D-155 stamp is not done at POE.
Your wife can either use AP or H4.
Congratulations on getting approved. My wife traveleved to India in a similar situation. She left 2 days after the GC approval email. She returned yesterday on her H1B. I think the systems at the POE take time to reflect the new status. She was planning to inform the IO in case he/she asks about the GC approval - but they did not ask anything. Before she left, she spoke to a second level IO who said it was OK to travel and just to explain to the IO at POE in case it comes up. D-155 stamp is not done at POE.
Your wife can either use AP or H4.
more...
newtoearth
06-16 03:35 PM
legal shortcut.
>> This shows your poor understanding of how an Indian company is being operated
:D
Grow up dude... You don't have any facts or knowledge on this only you have hatered
>> This shows your poor understanding of how an Indian company is being operated
:D
Grow up dude... You don't have any facts or knowledge on this only you have hatered
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cbpds
04-06 01:22 PM
Admin, please ban PoimibokInorn
more...
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cram
06-21 02:08 AM
Thanks for your reply, raj2007. My employer better hire me because my GC would be dependent on that :) What is RFC?
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Meghna
05-15 01:36 PM
I was on F1 when the lawyer filed I485 for me along with my husband in 2004.
I know another couple who did the same.
F1 is a non immigrant visa and filing for I485 is not appropriate but at the same time it's not the primary applicant. So i don't know if it is going to be a problem or not ( my PD is not current).
I know another couple who did the same.
F1 is a non immigrant visa and filing for I485 is not appropriate but at the same time it's not the primary applicant. So i don't know if it is going to be a problem or not ( my PD is not current).
more...
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peer123
05-23 05:42 PM
Hi,
Is there investigation that USCIS does in India before approving the 485?
I heard from one of my friend.....
Is there investigation that USCIS does in India before approving the 485?
I heard from one of my friend.....
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kaisersose
03-26 12:52 PM
I had a reqruiter discussing a great job opportunity and finally when it came to the status thing, it was my mistake, i said "I have EAD". She said "That's fine" and never got back to me, she said she will be in touch via email but never did that.
So this is a pattern now.
Reqruiters and HR know they can say "Sorry we do not sponser visas" so they say it without any issue but not EAD.
I am just baffled as to why are some people so fussy about EAD. Isn't EAD holders a piece of cake for the company? People with skills and eligible to work for any employer????
I am sure the hiring managers would love to bring good people on board. But unfortunately, these reqruiters and HR are creating the mess.
Looks like for reqruiters, they think they can just apply the filter to lessen their burden on collecting resumes.
The problem here is, she may not have responded back for some other reason. We cannot assume the EAD is always the reason. We cannot know unless they explicity say so, as I experienced yesterday.
My wife had her resume on monster under the GC cateogry (they do not have an EAD category as far as I know). She was interviewed and selected and when submitting her I-9, she put in her EAD details and attached a copy. No one raised a hoot at any point.
There are only some sections rejecting EADs either because of ignorance or due to the additional work required in screening EAD candidates as the recruiter explained to me.
It may also be a good idea for people who recently had success with EADs to post their cases here or people will begin to get anxious about their work status as no one really knows how long they will be stuck with EADs.
So this is a pattern now.
Reqruiters and HR know they can say "Sorry we do not sponser visas" so they say it without any issue but not EAD.
I am just baffled as to why are some people so fussy about EAD. Isn't EAD holders a piece of cake for the company? People with skills and eligible to work for any employer????
I am sure the hiring managers would love to bring good people on board. But unfortunately, these reqruiters and HR are creating the mess.
Looks like for reqruiters, they think they can just apply the filter to lessen their burden on collecting resumes.
The problem here is, she may not have responded back for some other reason. We cannot assume the EAD is always the reason. We cannot know unless they explicity say so, as I experienced yesterday.
My wife had her resume on monster under the GC cateogry (they do not have an EAD category as far as I know). She was interviewed and selected and when submitting her I-9, she put in her EAD details and attached a copy. No one raised a hoot at any point.
There are only some sections rejecting EADs either because of ignorance or due to the additional work required in screening EAD candidates as the recruiter explained to me.
It may also be a good idea for people who recently had success with EADs to post their cases here or people will begin to get anxious about their work status as no one really knows how long they will be stuck with EADs.
more...
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knacath
11-03 10:25 PM
Sent 8 letters (spouse+self)
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chmur
11-07 02:48 PM
This verdict opens up another front for the IV core- Judiciary.
From my understanding , IV core has so far Lead/co-ordinated efforts to impress upon the congress and executive branch of the legal immigration issues.
Judiciary can be used to further exert pressure on congress. Because ultimately relief has to come from congress.
From my understanding , IV core has so far Lead/co-ordinated efforts to impress upon the congress and executive branch of the legal immigration issues.
Judiciary can be used to further exert pressure on congress. Because ultimately relief has to come from congress.
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punjabi
04-01 05:18 PM
It is not confirmed yet whether they would consider all of the 12k towards the decision for the May Bulletin or not.
They might want to disperse the 12k numbers in the subsequent months, if they try to be a little conservative.
This is a very simple calculation. Following are the numbers before Oct -2006. These total to ~ 12K.
EB2-C - 3521
EB2-I - 9345
The dates will move further if more than 12K numbers are infused into the system. I would say that the dates should be in Oct - Nov 2006 range with these 12K numbers, having Nov as buffer as they may issue RFE's to folks.
They might want to disperse the 12k numbers in the subsequent months, if they try to be a little conservative.
This is a very simple calculation. Following are the numbers before Oct -2006. These total to ~ 12K.
EB2-C - 3521
EB2-I - 9345
The dates will move further if more than 12K numbers are infused into the system. I would say that the dates should be in Oct - Nov 2006 range with these 12K numbers, having Nov as buffer as they may issue RFE's to folks.
chanduv23
01-29 06:41 PM
I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
OK, unless you never initiated the EAD conversation, technically they are supposed to ask ONLY if you are legally authorized to work in the US or you need sponsership. At the time of joining, they are supposed to give you the i-9 form and you have 72 hours to return the form back with your documentation to prove that you can work for any employer. A valid EAD with a future expiration is very much a valid document and must be acccepted as a valid.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
OK, unless you never initiated the EAD conversation, technically they are supposed to ask ONLY if you are legally authorized to work in the US or you need sponsership. At the time of joining, they are supposed to give you the i-9 form and you have 72 hours to return the form back with your documentation to prove that you can work for any employer. A valid EAD with a future expiration is very much a valid document and must be acccepted as a valid.
drona
07-10 01:43 AM
Several immigration lawyers have also reported on the Flower Campaign on their websites. Matthew Oh reported on his site. So did Bender's Immigration Bulletin. Here is the latest from Greg Siskind's Blog. He shows great support by mentioning Immigration Voice and providing a link to the Flower Campaign.
http://blogs.ilw.com/gregsiskind/
http://blogs.ilw.com/gregsiskind/
