johnamit
07-12 12:49 PM
As per this report Indian-Americans raise $2Million. Can we get some help from her to raise our issues?
source: http://www.nysun.com/article/57238
If you think this thread is useless, CORE please close this thread.
source: http://www.nysun.com/article/57238
If you think this thread is useless, CORE please close this thread.
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doesntmatter
05-20 05:21 PM
Background:
No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
No Notice of Intent to Deny; Straight denial notice in around 8 business days
EB2; Priority Date: Mar 14 2005
LC: Approved Mar 2007
I-140 Approved May 2007
1-485 Applied Aug 2007
First RFE: Only G325
Second RFE: 4 Items
1. Signature issue in Medical forms - redid the forms
2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
3. Travel dates since the first arrival at USA - furnished all of them
4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
What happened in that time?
Was with Company 2 on L1-B
L1-B was about to expire by Aug 29, 2001;
Applied for L1-B extension on Aug 3, 2001;
RFE on L1-B extension on Feb 23 2002;
Response submitted for RFE on Mar 3 2002;
NO RESPONSE TILL SEPTEMBER 2002
Apply for H1-B with Company 3 on August 20, 2002;
ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
Obtained H1-B visa and travelled back June 2003;
Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;
FURNISHED THE COPY OF THE H1-B PETITION in my response.
Denial Notice was sent out today (have not received it yet).
Is it possible that USCIS finds me ineligible for AOS based on:
Normal Eligibility Standards of AOS under Section 245(a)
Alien must be �eligible� for immigration; and
Ineligible classes
Alien was employed in the United States without USCIS authorization prior to filing AOS application;
If so:
1. Will I be able to do a MTR or an appeal?
Or
2. Is a lawsuit the only way to go since I will not be allowed to appeal?
How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.
P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.
No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
No Notice of Intent to Deny; Straight denial notice in around 8 business days
EB2; Priority Date: Mar 14 2005
LC: Approved Mar 2007
I-140 Approved May 2007
1-485 Applied Aug 2007
First RFE: Only G325
Second RFE: 4 Items
1. Signature issue in Medical forms - redid the forms
2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
3. Travel dates since the first arrival at USA - furnished all of them
4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
What happened in that time?
Was with Company 2 on L1-B
L1-B was about to expire by Aug 29, 2001;
Applied for L1-B extension on Aug 3, 2001;
RFE on L1-B extension on Feb 23 2002;
Response submitted for RFE on Mar 3 2002;
NO RESPONSE TILL SEPTEMBER 2002
Apply for H1-B with Company 3 on August 20, 2002;
ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
Obtained H1-B visa and travelled back June 2003;
Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;
FURNISHED THE COPY OF THE H1-B PETITION in my response.
Denial Notice was sent out today (have not received it yet).
Is it possible that USCIS finds me ineligible for AOS based on:
Normal Eligibility Standards of AOS under Section 245(a)
Alien must be �eligible� for immigration; and
Ineligible classes
Alien was employed in the United States without USCIS authorization prior to filing AOS application;
If so:
1. Will I be able to do a MTR or an appeal?
Or
2. Is a lawsuit the only way to go since I will not be allowed to appeal?
How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.
P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.
map_boiler
09-25 05:27 PM
I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.
he is still eligible to file.
he is still eligible to file.
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Aah_GC
06-10 03:33 PM
A bit corny - but a good intention! At some level the message should not be misconstrued. If you really do want your GC real quick, do all you can. All actions toward a genuine cause have their own proportional returns, at unexpected times.
Between, called up 5 congressmen/ women today..
Ok..So now that I have your attention, I can say how I feel about our top priority right now.
Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.
For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387
I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.
But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.
I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?
I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).
IV has united us. Now lets show the strength of our unity.
Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.
Between, called up 5 congressmen/ women today..
Ok..So now that I have your attention, I can say how I feel about our top priority right now.
Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.
For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387
I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.
But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.
I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?
I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).
IV has united us. Now lets show the strength of our unity.
Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.
more...
newbie2020
06-25 02:29 PM
If you didn't receive any paycheck in 2007 you won't receive a W2 from your employer,
The amount will reflect in the 2008 W2.
You are fine with that one......Also i am not sure when they reported you as new hire, was it in 2007 or was it in 2008 ...?
The amount will reflect in the 2008 W2.
You are fine with that one......Also i am not sure when they reported you as new hire, was it in 2007 or was it in 2008 ...?
kaizersoze
07-17 06:24 PM
I pledge to contribute $200 once I get the receipt notice
C'mon dude...dates are current. You can file. isn't that enough for you to be happy about. Why do you want to wait till you get receipt notice ?
You are thankful to IV now. Contribute to IV now.
When u get ur receipt, u r thankful to USCIS for managing to open you packet and enter your information into the system :D
C'mon dude...dates are current. You can file. isn't that enough for you to be happy about. Why do you want to wait till you get receipt notice ?
You are thankful to IV now. Contribute to IV now.
When u get ur receipt, u r thankful to USCIS for managing to open you packet and enter your information into the system :D
more...
amoljak
02-09 12:33 PM
Let's not forget that the reason Immigration Voices exists and the reason we are standing in the long line of immigration is exactly what David Brooks has outlined in the first few paragraphs.
If India and China were to blow by the US... why would we be here in the first place?
So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...
If India and China were to blow by the US... why would we be here in the first place?
So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...
2010 If you want to cry,
nabs501
07-27 04:31 PM
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
I did put in my A# which I then thought was same as the A# listed on the EAD for OPT. Obviously, I was wrong.
My point is, it's OK if you don't put in your A#.
But it would help if you put the receipt #.
They just use all of this information to retireve your record. If there's some information missing such as the receipt number, it would just take them longer to retrieve your records.
Try to get atleast the I140 receipt number from your employer. Dont worry about the A# (just put in NONE). I think they can very well dig out your application based on the receipt number.
Even if you dont get the receipt number, go ahead file the form and provide as much details as you possibly can regarding the I140 petition; attach a separate sheet if needed.
Dont forget to get the form notarized.
I did put in my A# which I then thought was same as the A# listed on the EAD for OPT. Obviously, I was wrong.
My point is, it's OK if you don't put in your A#.
But it would help if you put the receipt #.
They just use all of this information to retireve your record. If there's some information missing such as the receipt number, it would just take them longer to retrieve your records.
Try to get atleast the I140 receipt number from your employer. Dont worry about the A# (just put in NONE). I think they can very well dig out your application based on the receipt number.
Even if you dont get the receipt number, go ahead file the form and provide as much details as you possibly can regarding the I140 petition; attach a separate sheet if needed.
Dont forget to get the form notarized.
more...
unitednations
02-22 02:12 PM
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.
If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.
You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).
There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.
Long story short; was that it went to court and the candidate won...
If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.
If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.
You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).
There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.
Long story short; was that it went to court and the candidate won...
If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road
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dpsg
03-25 02:49 AM
I fully agree we won't gain anything from fighting anyone.. But we need to create a parallel source of information on this website , which is based 100% on facts... so that rational people can make better judgements.
I am definately against fighting idelogues, because to them ideology is above everything.. they will find everything to support their arguments... frankly we
shouldn't do same. We should build a unrefutable credibility for us.
Regards and thanks for taking a challenging leadership role for this important endeavour.
I am definately against fighting idelogues, because to them ideology is above everything.. they will find everything to support their arguments... frankly we
shouldn't do same. We should build a unrefutable credibility for us.
Regards and thanks for taking a challenging leadership role for this important endeavour.
more...
rajeshalex
03-25 10:24 PM
I had asked a question ( FOIA )requesting to president to make USCIS publish pending applns based on
country of birth and pd.
http://www.whitehouse.gov/openforquestions/
Search for "immigration uscis"
Please vote for this.
country of birth and pd.
http://www.whitehouse.gov/openforquestions/
Search for "immigration uscis"
Please vote for this.
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mariner5555
05-27 06:57 AM
why did they come out with this statement ? maybe to tell state dept not to do this in future ? for many it will take 5 years for the visas to be available ..say EB3 - I with PD of 2006 who was lucky enough to file for 485 during the fiasco ..
more...
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ngodisha
08-15 08:35 AM
It should be SKIL and not SKILL as mentioned in the fact sheet. (not being picky but trying to end up with a typo free document).
Will let you know if I find anything more.
Will let you know if I find anything more.
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rockstart
03-01 08:38 PM
Hi Rocky,
Thanks for your reply
Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.
If you have your leave application copies that can help
Thanks for your reply
Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.
If you have your leave application copies that can help
more...
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kumarc123
05-11 09:50 AM
I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
I agree with you 100% over there, I am up for a lawsuit and a rally. Problem is, so many of the members here are all talk and no walk (Not IV Core members, no disrespect to them). I have sent so many letters,made soo many calls, specially at the time when Lofgreen was talking about recapture of visa numbers. In the end I got frusturated.
Illegals are better than us, imagine if EAD had not happened? A lot of members would be united to fight the cause.
Unification is very important. Above all doing something big rather than just talking about it!
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
I agree with you 100% over there, I am up for a lawsuit and a rally. Problem is, so many of the members here are all talk and no walk (Not IV Core members, no disrespect to them). I have sent so many letters,made soo many calls, specially at the time when Lofgreen was talking about recapture of visa numbers. In the end I got frusturated.
Illegals are better than us, imagine if EAD had not happened? A lot of members would be united to fight the cause.
Unification is very important. Above all doing something big rather than just talking about it!
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newbie2020
09-27 10:57 AM
thats a good idea, Instead of starting at 200K raffle, Start small may be 10K raffle or 20K raffle, that would be a good start.
more...
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H1bslave
06-27 02:28 PM
You should be perfectly fine as your joining date is 11/27. The first payday could take more than 30 days in many organizations and its a common practice.
For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.
For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.
I run payroll for my company and can provide insight, PM me if you have more questions.
Take it easy & Enjoy your weekend :D
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.
For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.
I run payroll for my company and can provide insight, PM me if you have more questions.
Take it easy & Enjoy your weekend :D
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
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canmt
10-19 02:46 PM
The old lawyer has to notify USCIS that he is pulling out of your case or the new lawyer has to send the new G-28.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
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somegchuh
10-26 12:18 PM
My wife went for H4 visa stamping in New Delhi embassy yesterday. The visa officer asked her a couple of questions, then asked for my I797 approval notice. He kept the passport and the approval notice and said they will mail the passport with visa.
Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.
Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.
vikki76
06-17 03:40 PM
Thanks a lot for informative reply. Good to know that you are not the only one battling choices in this GC maze
techskill
01-29 05:48 PM
Class of Admission: H1B
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month
Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.
Hope that helps.
What will be the answer for the class of admission if the spouse of the person entered US on H4 and subsequently changed the status to H1?
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month
Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.
Hope that helps.
What will be the answer for the class of admission if the spouse of the person entered US on H4 and subsequently changed the status to H1?
