mpadapa
05-15 02:23 PM
Please work on the following action item. It is very time critical.
http://immigrationvoice.org/forum/showthread.php?t=19113
Folks,
Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.
Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.
The message you have to deliver when calling these offices is
I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.
DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS
Only if the staff member bring up the issue of CIR, in that case say that -
In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.
.
Raul grijalva
ph (202) 225-2435
Charles Gonzalez
Phone: (202)225-3236
Dennis Cardoza
(202) 225-6131
Jim Costa
(202)225-3341
Henry Cuellar
phone: 202-225-1640
Ruben Hinojosa
phone: 202-225-2531
Ciro Rodriguez
202 225 4511
Lucille Roybal-Allard
202 225 1766
Hilda Solis
202 225 5464
Senator Robert Menendez
202 224 4744
http://immigrationvoice.org/forum/showthread.php?t=19113
Folks,
Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.
Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.
The message you have to deliver when calling these offices is
I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.
DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS
Only if the staff member bring up the issue of CIR, in that case say that -
In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.
.
Raul grijalva
ph (202) 225-2435
Charles Gonzalez
Phone: (202)225-3236
Dennis Cardoza
(202) 225-6131
Jim Costa
(202)225-3341
Henry Cuellar
phone: 202-225-1640
Ruben Hinojosa
phone: 202-225-2531
Ciro Rodriguez
202 225 4511
Lucille Roybal-Allard
202 225 1766
Hilda Solis
202 225 5464
Senator Robert Menendez
202 224 4744
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masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
eilsoe
02-17 01:12 AM
I dunno, but we're on the main page now :beam:
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gcnirvana
06-20 03:06 PM
Thanks Arihant. Yes it is strange and I am trying to find their ulterior motive behind this. All the while I thought my employer is not one of the typical desi employers (read blood sucking) we hear about in this forum. Hope I am right.
By the way, my question was related to AC21 (after 180 days of filing 485). If I quit my current employer and join another company, how would I let USCIS know to forward all their RFEs to my new employer/lawyer and not to the old one. Am asking this because I heard the I-9 form we fill while changing employment is only for the employer and he doesn't forward it to anybody. Does my query make any sense at all or am I just blabbering BS :o
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
By the way, my question was related to AC21 (after 180 days of filing 485). If I quit my current employer and join another company, how would I let USCIS know to forward all their RFEs to my new employer/lawyer and not to the old one. Am asking this because I heard the I-9 form we fill while changing employment is only for the employer and he doesn't forward it to anybody. Does my query make any sense at all or am I just blabbering BS :o
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
more...
gcdreamer05
02-11 10:45 AM
But, Mpadapa has some reality. That's what we are seeing in last 3 - 4 bulletins. A slow but steady movement.
Atleast with current movement we can plan in what period we can expect our case will clear.
But brother, there has been no movement in EB3, so based on what will we predict when our case will be clear...........
Atleast with current movement we can plan in what period we can expect our case will clear.
But brother, there has been no movement in EB3, so based on what will we predict when our case will be clear...........
indianindian2006
08-22 09:31 PM
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
more...
coloniel60
08-20 06:39 PM
I wish you all the best. This kind of cheating from the employer hurts the most. I wish some immigration lawywer or ILA steps up and advises what employees can do in these kind of situations. I know labor substitution is legal but in this case the employer gave false hopes to the employee that he will sponsor his GC and that should be illegal and could be used as an excuse to sue the employer.
Most of us hesitate to hire lawyer to go after these sc** bag employers because we are scared of the lawyers as well. We don't know how much it will cost us and we don't know what the outcome will be. That's why it will be helpful if some reputed lawyer or ILA comes out and tell us what our options are when these kind of things happen.
But then employers and these lawyers go hand in hand so I doubt if one goes against the other. I wish atleast USCIS gives us some guidelines.
I bet that if we can successfully sue one cheating employer then we will see hundreds of similar cases and the employers will be scared to even think about doing this again.
Most of us hesitate to hire lawyer to go after these sc** bag employers because we are scared of the lawyers as well. We don't know how much it will cost us and we don't know what the outcome will be. That's why it will be helpful if some reputed lawyer or ILA comes out and tell us what our options are when these kind of things happen.
But then employers and these lawyers go hand in hand so I doubt if one goes against the other. I wish atleast USCIS gives us some guidelines.
I bet that if we can successfully sue one cheating employer then we will see hundreds of similar cases and the employers will be scared to even think about doing this again.
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Gravitation
12-13 12:39 PM
Hi Gravitation,
How do you know this? Can you please elaborate.
Regards.
I read about EB2 flow on one of the forums at immigrationportal.com. I'll try to find the thread and post the url if I can.
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
How do you know this? Can you please elaborate.
Regards.
I read about EB2 flow on one of the forums at immigrationportal.com. I'll try to find the thread and post the url if I can.
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
more...
stirfries
08-19 07:29 PM
21 minutes since I posted the above Thread.
58 Views in 21 minutes.
0 Response.
I guess, we all are ACTIVE viewers !!! (Including ME) :)
58 Views in 21 minutes.
0 Response.
I guess, we all are ACTIVE viewers !!! (Including ME) :)
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GCBy3000
07-27 04:41 PM
I am not sure about how many cheques and the amounts on it since everything is done by my company attorney. However, last week we had a chineese guy here in this forum who got this 485 back and one of his cheque was encashed. Also the reason for the return is the non-availability of VISA numbers. He will send it back again, but my point is the clearance of single cheque is not the indication of acceptance of you app.
They've already said to give them until Aug 1st for June filers. Then they will focus on July filers. Simple as that. If your checks aren't cashed by Aug 1/2 for a June filer, then perhaps you have reason to call. If your checks are cashed, then YOU'RE IN, no need to call. Whatever you need is in the mail. If you don't get it by frst week of august, then call.
They've already said to give them until Aug 1st for June filers. Then they will focus on July filers. Simple as that. If your checks aren't cashed by Aug 1/2 for a June filer, then perhaps you have reason to call. If your checks are cashed, then YOU'RE IN, no need to call. Whatever you need is in the mail. If you don't get it by frst week of august, then call.
more...
aray
04-02 12:41 PM
Sent Fax # 10 & 11.
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jpkml
11-12 04:23 PM
Visa Bulletin For December 2010 (http://travel.state.gov/visa/bulletin/bulletin_5197.html)
more...
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bskrishna
05-15 09:40 AM
Always check with your state chapters.
State chapter leaders are more aware of our work than what we post on the forum for public.
There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.
There maybe some more news today. Hopefully... Stay tuned.
Will do so...
State chapter leaders are more aware of our work than what we post on the forum for public.
There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.
There maybe some more news today. Hopefully... Stay tuned.
Will do so...
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venky08
12-28 01:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
more...
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gsc999
07-27 03:03 PM
Guys, don't take ownership and don't judge what other can do or can't do.
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
---
Can someone explain to me, why should we call USCIS and inquire about receipt notices just weeks after filing AOS application when USCIS clearly states that it takes 30 days to process a receipt. Can we at least respect that piece of information and wait for 30 days before calling?
Did I get that 30 day receipt processing period wrong?
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
---
Can someone explain to me, why should we call USCIS and inquire about receipt notices just weeks after filing AOS application when USCIS clearly states that it takes 30 days to process a receipt. Can we at least respect that piece of information and wait for 30 days before calling?
Did I get that 30 day receipt processing period wrong?
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rb_248
10-30 03:47 PM
Just came back from Info pass appointment.
The officer told me that they haven't seen any thing wrong in the system.
Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)
Then i have asked him why the letter says "not admissible under the current law"
He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.
That sounds like good news. You must be relieved.
The officer told me that they haven't seen any thing wrong in the system.
Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)
Then i have asked him why the letter says "not admissible under the current law"
He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.
That sounds like good news. You must be relieved.
more...
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shamu
01-10 10:12 AM
What I know about America that if you don't have money, hospitals are supposed to take care, if you have money, hospital will squeeze every penny.
Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.
I thinks people lack information in this context, so you are not getting responses.
Thanks and I appreciate your response.
A green from me, at least I can give you this green!
Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.
I thinks people lack information in this context, so you are not getting responses.
Thanks and I appreciate your response.
A green from me, at least I can give you this green!
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vinabath
05-15 10:46 AM
I dont think Ron Hira has ever worked in IT side or on the HR side. Whats wrong if people for pursue for Masters or Phd for GC?. This Guy does not have any idea about the value this techs bring.
He is in the wrong position. He should never be in Public Policy board.
He is in the wrong position. He should never be in Public Policy board.
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smuggymba
05-11 11:21 AM
I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?
thanks for your expert opinion:D
thanks for your expert opinion:D
shana04
02-16 01:32 PM
Hi,
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
BornConfused
07-03 10:17 AM
Ugh, I paid thousands to the lawyer over the years. And the medical was a ripoff. They better send me a free pass for 30 days at some nude bar with my green card or...I'll just have to go there anyways to celebrate:p