wahwah
06-05 10:28 AM
you are correct. the new memo requires the adjudicator to approve the old i-140 first and then determine eligibility for porting. it doesn't mean that you can't port if i140 has not been approved.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
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logiclife
02-20 08:27 PM
I recant my earlier outburst at mercies since I realize that he was acting as a messenger to the problem. Sorry for the offense mercies.
There are many people who would just run away from effort when doubts are raised and since people of afraid of being punished for just advocating a public policy or writing a letter to congress in the first place. I would request you to not reproduce posts here or on portal that would echo the material the plants fear and doubts among members.
--logiclife.
There are many people who would just run away from effort when doubts are raised and since people of afraid of being punished for just advocating a public policy or writing a letter to congress in the first place. I would request you to not reproduce posts here or on portal that would echo the material the plants fear and doubts among members.
--logiclife.
chanduv23
03-11 04:34 PM
"non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
MSFT do not abuse h1b visa - they maintain their pay scales and follow all rules. When they say they want h1b visa quota available it basically means - they do not want to turn away a talented candidate because of lack of visa. All these companies are genuine in their usage. So they can definitely give a proper response.
Now for a company like INFY. WIPRO, etc.. - h1b, l1b etc.. is a part of their business modal. They need some visa to bring people in and out as it is a big part of their business. If they really were serious - they must have presented their case and also work with US govt for a different kind of visa that allows them to do their business by convincing the govts about trade etc...
Now comes the consulting companies. There are companies that genuinely bring people and rotate them at various clients for projects and people stick to them till green card. But due to sheer greed - some of these have abused the system - they have absolutely no sympathy for their acts of greed. The max they can do is threaten, usse small time lawyers, cancel pay, write letters to USCIS to cancel 140 etc... do you expect them to give a proper response to the Senators?
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
MSFT do not abuse h1b visa - they maintain their pay scales and follow all rules. When they say they want h1b visa quota available it basically means - they do not want to turn away a talented candidate because of lack of visa. All these companies are genuine in their usage. So they can definitely give a proper response.
Now for a company like INFY. WIPRO, etc.. - h1b, l1b etc.. is a part of their business modal. They need some visa to bring people in and out as it is a big part of their business. If they really were serious - they must have presented their case and also work with US govt for a different kind of visa that allows them to do their business by convincing the govts about trade etc...
Now comes the consulting companies. There are companies that genuinely bring people and rotate them at various clients for projects and people stick to them till green card. But due to sheer greed - some of these have abused the system - they have absolutely no sympathy for their acts of greed. The max they can do is threaten, usse small time lawyers, cancel pay, write letters to USCIS to cancel 140 etc... do you expect them to give a proper response to the Senators?
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sanbaj
07-23 10:09 AM
Congratulations!! Enjoy ur GC!!
Did you do anything to expedite interfiling to use new I-140 for your pending I-485?
THANKS Indyanguy and Pscdk !!
For expediting Interfiling, nothing in specific. I called USCIS 3-4 times and did one infopass visit. Everytime, the answer was same, "No Information". Few times it was difficult to explain to them what interfiling is. Then, I learnt to say "PD Amendment" (My lawyer used that term) with the two separate approved I140s. I called USCIS last Friday (Jul/18/2008), and they told me to wait 4-5 MONTHS. You can see how much off they are and IIO and IO work for the same USCIS. It is Ludicrous.
Best of Luck to you guys. Hope your GC is approved soon.
Did you do anything to expedite interfiling to use new I-140 for your pending I-485?
THANKS Indyanguy and Pscdk !!
For expediting Interfiling, nothing in specific. I called USCIS 3-4 times and did one infopass visit. Everytime, the answer was same, "No Information". Few times it was difficult to explain to them what interfiling is. Then, I learnt to say "PD Amendment" (My lawyer used that term) with the two separate approved I140s. I called USCIS last Friday (Jul/18/2008), and they told me to wait 4-5 MONTHS. You can see how much off they are and IIO and IO work for the same USCIS. It is Ludicrous.
Best of Luck to you guys. Hope your GC is approved soon.
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gagbag
07-04 03:46 PM
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dummgelauft
07-28 10:52 PM
There is a question about removing per country limit at the end.These morons are very concerned that no single country (meaning China and India) overwhelm the supply of immigrant visa's. I wonder if they will consider applying country limits when passing amnesty :D
.limit or no limit..they WILL end up with more Chinese and Indians anyways than other nationalities..just because of the sheer numbers, from these two countries....
.limit or no limit..they WILL end up with more Chinese and Indians anyways than other nationalities..just because of the sheer numbers, from these two countries....
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gc_mania_03
06-26 09:24 PM
The lawyer's office are overwhelmed with applications that they need to address. People are worried whether their respective attorney's will file the papers in time. Keeping that situation is perspective, I dont think this initiative is feasible at all, even if it makes sense to a few...
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sumansk
12-20 04:40 PM
I think what he is saying demands attention by the lawyers and core members.Thing is we never know what is going on until there is some transparency. The law many times is open to suit ones needs and I suspect DOS may be doing that.
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senthil1
04-09 01:44 PM
One other solution is counting of Cap should be based on starting of employment. Then companies will not apply thousands at a time and they will apply only genuine cases when it is required. Implementation is difficult but there should be a way.
Or instead of lottery some other criteria can be applied like qualification,salary and company
Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
Or instead of lottery some other criteria can be applied like qualification,salary and company
Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
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amitga
06-24 02:30 PM
Schumer Says Immigration Reform Will Happen - Roll Call (http://www.rollcall.com/news/36228-1.html)
Sen. Charles Schumer (D-N.Y.) maintained Wednesday that Congress will tackle comprehensive immigration reform this Congress, and perhaps even this year.
�All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year,� Schumer, the No. 3 Democratic leader, said during a speech before the Migration Policy Institute.
Schumer, chairman of the Judiciary Subcommittee on Immigration, Refugees and Border Security, outlined key principles that must be part a reform bill, including strong enforcement of illegal immigration, an employer-based verification system and a direct path to citizenship.
The Democratic Conference vice chairman, who will join a group of lawmakers at the White House on Thursday for a summit on immigration, underscored �the intensity for solving this problem once and for all� this year. Majority Leader Harry Reid (D-Nev.) has similarly suggested that immigration must be tackled sooner rather than later.
�I have no doubt that President Obama has an unyielding commitment to achieving comprehensive immigration reform,� Schumer said. �And I truly believe that his leadership will be the critical difference in getting us over the hump this time around.�
Schumer said the last legislative attempt in the 110th Congress failed because it wasn�t strong enough in clamping down on illegal immigration. This year, he said, that issue must be a top priority.
�I think on the part of the left, there�s an understanding that unless we convince American we�re going to be really tough ... it�s the only way to do it,� Schumer said.
With Republican losses among immigrant voters in the last election, Schumer said the GOP has an interest in moving on a reform bill as well.
Reid said Tuesday that immigration remains a top priority this year � just behind health care reform and climate change legislation. He said he has spoken with White House officials on the matter, and despite a packed schedule that includes appropriations bills and a Supreme Court confirmation, the Majority Leader said he has the votes and the support to take on another complex issue this year. Obama, for his part, has said he wants to get negotiations rolling on immigration but hasn�t laid out a timetable for passing a reform package.
Sen. Charles Schumer (D-N.Y.) maintained Wednesday that Congress will tackle comprehensive immigration reform this Congress, and perhaps even this year.
�All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year,� Schumer, the No. 3 Democratic leader, said during a speech before the Migration Policy Institute.
Schumer, chairman of the Judiciary Subcommittee on Immigration, Refugees and Border Security, outlined key principles that must be part a reform bill, including strong enforcement of illegal immigration, an employer-based verification system and a direct path to citizenship.
The Democratic Conference vice chairman, who will join a group of lawmakers at the White House on Thursday for a summit on immigration, underscored �the intensity for solving this problem once and for all� this year. Majority Leader Harry Reid (D-Nev.) has similarly suggested that immigration must be tackled sooner rather than later.
�I have no doubt that President Obama has an unyielding commitment to achieving comprehensive immigration reform,� Schumer said. �And I truly believe that his leadership will be the critical difference in getting us over the hump this time around.�
Schumer said the last legislative attempt in the 110th Congress failed because it wasn�t strong enough in clamping down on illegal immigration. This year, he said, that issue must be a top priority.
�I think on the part of the left, there�s an understanding that unless we convince American we�re going to be really tough ... it�s the only way to do it,� Schumer said.
With Republican losses among immigrant voters in the last election, Schumer said the GOP has an interest in moving on a reform bill as well.
Reid said Tuesday that immigration remains a top priority this year � just behind health care reform and climate change legislation. He said he has spoken with White House officials on the matter, and despite a packed schedule that includes appropriations bills and a Supreme Court confirmation, the Majority Leader said he has the votes and the support to take on another complex issue this year. Obama, for his part, has said he wants to get negotiations rolling on immigration but hasn�t laid out a timetable for passing a reform package.
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trump_gc
03-21 02:15 PM
I am from NJ and will meet the lawmakers,,
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rvr_jcop
02-21 12:38 AM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
This is the most bizarre thing I ever heard w.r.to immigration. Usually the IO schedules an interview at one of the local offices or at one of the CBP (Customs and Border Patrol) offices. Atleast in San Francisco, both USCIS and CBP offices are located in the same building.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
This is the most bizarre thing I ever heard w.r.to immigration. Usually the IO schedules an interview at one of the local offices or at one of the CBP (Customs and Border Patrol) offices. Atleast in San Francisco, both USCIS and CBP offices are located in the same building.
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ragz4u
04-03 12:44 PM
Guys, we need much more help. In spite of having 2000+ members, less than half are even ready to click their mouse buttons 5 times.
The folks who have not sent the webfax till now, if you are not ready to send a simple webfax, why are you expecting a senator to bring in an amendment. This is for your benefit, not the senator's.
The folks who have not sent the webfax till now, if you are not ready to send a simple webfax, why are you expecting a senator to bring in an amendment. This is for your benefit, not the senator's.
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Lasantha
02-08 04:11 PM
That is one of the points raised in this current letter campaign for admin fixes.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
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n_2006
05-22 03:53 PM
Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.
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Ramba
04-13 05:21 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
Happy to hear that. You should have sued the law firm for million dollor for the damage they did and the mental torure/sleepless night that you experience, and split that money with IV. :)
Few more lessons are..
1. You should control over immigration papers. Some of the applications you must to do by your self like EAD, AP and infact 485 too.
2. If you want to terminate the lawyer representation of your application, you should write the withdrawl of representation letter to USCIS; not to the attorney. You may send a courtasy copy to the lawyer, to redirect any mail they recive from USCIS to you.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
Happy to hear that. You should have sued the law firm for million dollor for the damage they did and the mental torure/sleepless night that you experience, and split that money with IV. :)
Few more lessons are..
1. You should control over immigration papers. Some of the applications you must to do by your self like EAD, AP and infact 485 too.
2. If you want to terminate the lawyer representation of your application, you should write the withdrawl of representation letter to USCIS; not to the attorney. You may send a courtasy copy to the lawyer, to redirect any mail they recive from USCIS to you.
more...
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Michael chertoff
12-30 09:45 AM
My situation,
I am a july 2 filer, planning to use EAD to work in diifferent company in same profession(NOT invoking AC21). On I-485 approval want to come back to the original employer who filed I-485. my company is supporting and willing to support for any RFEs.
Please tell me if it is going to work and what are the risks involved.
Thanks in advance
MC
thanks
I am a july 2 filer, planning to use EAD to work in diifferent company in same profession(NOT invoking AC21). On I-485 approval want to come back to the original employer who filed I-485. my company is supporting and willing to support for any RFEs.
Please tell me if it is going to work and what are the risks involved.
Thanks in advance
MC
thanks
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Lasantha
08-22 10:43 AM
Why not GC_sufferer do it for us
I don't think he can.
I don't think he can.
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ragz4u
02-21 08:34 AM
From what I gathered, you were just being a messenger and if you look at my post, I have never referred to you in anything. All my answers were directed to hadron. At the same time its a little frustrating to us when people repeatedly keep on questioning our goals/legitimacy. Being a messenger, you bore the brunt from some of us :(
Hopefully you realize our situation and will keep on volunteering/contributing....
Hopefully you realize our situation and will keep on volunteering/contributing....
mallu
11-30 06:39 PM
Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior :)
Meanwhile one of the comments to the blog , http://blogs.ilw.com/gregsiskind/2007/11/immigration-dai.html#comment-91879090
Meanwhile one of the comments to the blog , http://blogs.ilw.com/gregsiskind/2007/11/immigration-dai.html#comment-91879090
GoneSouth
01-31 11:52 AM
USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.
- gs
- gs
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