Thursday, July 14, 2011

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  • GCNaseeb
    10-01 05:55 PM
    Attorney emailed me this morning all our Receipt Notices for our I-485/I-765/I-131. All numbers start with WAC. Receipt Number of I-485 is the same number as Transfer Notice.





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  • cygent
    07-28 02:08 PM
    mean NOTHING.
    of course NOT! It's still stuck on April 16th.
    The dates are a joke.

    Seems like they are just a diversion. to keep our minds occupied so we don't bother them with the real issue at hand. I can only say that whoever devised this system is a genius, albeit an wicked one.





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  • msp1976
    03-10 07:24 PM
    When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.

    I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.

    How many other people are as P-Oed as I am and is there a class action suit here?


    They are legally not irresponsible....They very well know what is going on....
    They are the ones who designed the whole doggone system....
    At the worst you can say that they are ethically wrong...

    They have no obligation to explain anything to you...
    In fact some would tell you to wait for two years to file for green card and they would be well within their rights...

    For a class action suit you need a credible argument.
    The way the law is structured...we do not have a very good argument..

    If you do find good argument let us know..I am sure there are members who would be interested...

    Also who exactly would you sue ?? People have tried suing USCIS already with not much of success...

    If you sue your employer..there goes your job...


    The best recourse we have at present is through legislative efforts...





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  • Life2Live
    07-12 02:53 PM
    One of my friend got EAD 2 year back even though his priority date was not came. Ofcourse this was even b4 this mess created USCIS. He was still using his H1 till couple months back, he is afraid of USCIS may roll back his EAD since PD is not yet reached.

    I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.

    I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....

    Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D



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  • cherryred50
    04-09 09:21 PM
    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.

    Thanks,
    Uday





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  • lrindy
    09-19 12:21 PM
    Relax guys. My online status still showing "Fingerprinting fee rejected and case is in suspense" despite having finger printing done at ASC a year back.

    I cannot confirm or deny the following piece of gossip but...
    A mistake has been made on the system for payments. Some bright spark for got to put a so called "where" statement into the billing system for USCIS after the pricing structure changes went into effect. I am told this is being dealt with, but some applicants may find incorrect fees on their accounts pop up. Each lawyer will have different way of dealing with this problem. If you are pre price increase and have a suspended case; this maybe the reason for it...

    Good luck to you all. This is just a thought/gossip...

    LRIndy.;)



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  • jayleno
    10-06 08:00 PM
    Its is very sad to read the story about the family.

    Indeed, what an ironic day... we have two headline news items concerning Indian Americans...

    The Good: A 35 year old Indian American is tapped to head the $700B bailout fund...

    The Ugly: A family of 6 dies in LA in a murder-suicide ...

    What does this say?





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  • BoonDock
    03-24 12:32 PM
    no love for seven deadly sins ... sadface.

    Haha - fun competition all the same. Good job everyone.



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  • americandesi
    08-16 03:43 PM
    There's no catch at all.....according to my lawyer. He said even if you come back on AP, you can still work on your H-1B so long as it's valid.

    Thanks,
    Jayant


    As far as I know, Until your apply for a H1 extension or H1 transfer on "Parolee" status, your status continues to be "Parolee". Lets consider this.


    You have 3 years remaining on your H1.
    You go out and come back on "AP".
    Your status changes to "Parolee".
    You do H1 transfer (or) your employer files for H1 extension at the end of the 3rd year.
    Now your status changes back to "H1".


    Here is the catch. You are a "Parolee" until your "H1" transfer or extension. In case your I-485 gets rejected during your "Parolee" status, you gotta leave the country (or) file for an appeal and proceed with H1 transfer (or) H1 extension to retain your H1 status.

    Seniors, Please correct me if i am wrong.





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  • sanjay
    02-11 09:15 AM
    Grow up buddy, don't be a cry babby.

    We all know why U and me visit the site, Information. And in the process if you find any thing not so important to you, just ignore and move on...did this thread of asking to send letters made other threads invisible?
    Just to piss u off, i am requesting again to all the folks to send letters.

    Well, you have not pissed me at all. I did what IV had asked in one month back. I had sent my 2 letters (me and my wife) 17 days back and collected another 12 letters from friends and send them too. I had contributed what ever IV had asked until now, what ever it may be.

    I am sorry, but just a note can baffle you guys and you put all the -ve comments to the post, then sorry to say you guys cannot take any constructive opinion from others. And I think I did no wrong in asking Chanduv to stop posting innumerable threads just for one cause.

    GOD Bless you all.



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  • inskrish
    07-20 09:04 PM
    Along with the DOB affidavits, do we also need the cert for non-availability of BC?

    Hi,

    If you don't have birth certificate, you must submit 2 affidavits and the non-availability certificate.

    Regards,
    IK





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  • milind70
    08-29 09:05 AM
    Do i will need to send my original passpart in mail for renewal because i have visa stamped in the passport but passport will expire after 6 months.

    Yes you will need the original passport in mail,they will cancel the old passport and send it with the new paassport



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  • JunRN
    01-10 05:10 PM
    Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.





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  • gc_dreamer_485
    10-16 08:32 AM
    I have a similar question. I have I-94 till Jan 2008 as my H1B visa is valid till Jan 2008. If I file an H1B extension in Dec, is that okay ? I know, approval would not come before Jan 08.
    Thanks Andy_garcia.

    PD_RECAPTURING,
    As long as you have new 797 (which would have the I-94 on it) when you leave the country, you will be fine



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  • narentilwani
    03-10 02:10 PM
    Hey thanks for the reply. I see you mentioned one thing that caught my eye:

    -- They may want to file an AC-21 letter ( stating that they have permanently employed you for this position for this salary yada yada yada ... ) and definitely a G28 to change representation on your cases in case of any RFE and other communication by USCIS.


    company B is offering me a fulltime position with a 3 month introductory period in which they can fire me without having to provide any reason

    - how does this affect my AC-21 application?
    - Is there a period within which they have to file for this application?
    - Obviously i am assuming if they fire me then i will have to ask the next employer (company c in this case) to file for AC-21?
    - Also in this case does any of the 2 companies A and B have the right to revoke to I-140 or just company A?
    - do i need to worry about company B messing with my application in any sort?

    Thanks in advance and i would really appreciate if you could spent some time in responding to this asap





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  • god_bless_you
    12-11 02:05 PM
    It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks on average without premium fee.

    If your date is not current:
    This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.

    If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.

    So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).

    SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
    We do not need any Congress approval for that Right?
    If so can we explore this option??



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  • desi3933
    03-04 01:17 PM
    From what I know TN visa is not dual intent like H1B.

    This is correct.

    So you can't continue processing your GC when holding a TN visa.

    This is NOT correct.

    I-140 Filing Not Dispositive for TN - NAFTA TN Lawyer - Brian D. Zuccaro - Buffalo, NY (http://www.naftatnlawyer.com/i-140-filing-not-dispositive-f/)
    [From the link]
    The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay if the alien�s intent is to remain in the United States temporarily.


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • xgoogle
    02-10 02:20 PM
    I had my GC approved out of line last year in aug [was current (pd march 2006), but processing time wasn't current for texas at that time]. EADs for both me and my spouse had been approved like 1 week before this happened. Hers was for 2 yrs and mine for 1 yr. What happens to her application if I loose my job or leave my job ? I am the primary.





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  • kumarc123
    11-24 06:34 PM
    Ok, let us be united. Let us work on getting USCIS to follow the letter of the law. What is it you ask? It is that the Visas be spilled over as required by the law. It is nothing to do against EB3 or EB2. The visa spillover suggests that the overflowing visas be issued to the most critically retrogressed queue (upon satisfaction of per country limits). Does it help Eb3 or EB2? Both, whenever there is a longer queue, that line is able to move forward.

    Right now it is EB3 which is reeling under the incorrect implementation, and EB3s want to see it rectified, while the EB2ers demand Unity (knowing well that they stand to lose -- what was never theirs), I would not be surprised that EB2 raise the loudest voice of action (and no talks about unity) had the tables been turned.

    So you see why I think the message of unity sounds so hollow.

    Well hollow or shallow does it help you?

    hmhmh =------- NO!

    Stop questioning EB2 or EB3, they both represent EB community. Yes you maybe right about people thinking about EB2 faster thatn EB3,

    But have you followed the bulletin lately?

    And the ways things are going, do you really think EB 2 will clear fast and then EB3 will gain a faster movement?

    Golden Answer? NO

    Whether you like it or not, we need each other, the impact is always greater when the intensity applied to it is greater.


    You can keep thinking about how hollow you and I are, but the fact is we both need each other. Everyone see's us as EB community, not as EB2 or EB3,

    Most of those Morons don't even understand the difference between H1b and green cards,


    So get yourself to think EB community as a whole, not EB2 or EB3, or who benefits first?





    eastindia
    04-19 01:19 PM
    I understand that your intention is to get heard. I appreciate your effort at writing letter. However writing to the president will not help us much. Here is why:
    In the USA, infact for that matter in most democracies, Laws are made by elected representatives unless it is an executive order to grant an immediate relief.

    The composition and powers of the House and the Senate are established in Article One of the Constitution. The major power of the House is to pass federal legislation that affects the entire country, although its bills must also be passed by the Senate and further agreed to by the President before becoming law (unless both the House and Senate re-pass the legislation with a two-thirds majority in each chamber). The total number of voting representatives is fixed by law at no more than 435.[1] (United States congressional apportionment - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_States_congressional_apportionment))

    So, In our case, the president at the most can sympathise with our cause and the hardships we face because of the limbo, But he cannot really help until there is a bill that passes both the house and the senate.

    So, Can I suggest that it will be even more worthwhile if you contact your congressman/woman and go meet them. We need them to understand our plight and anguish.

    We all need to go meet our lawmakers, educate them.

    They already are educated. Do you think they do not know about us?
    They fully know about us. But they will not help us because we are not voters and cannot contribute.
    A better idea is to have our employers contact them. People working in large companies can do this. I am surprised why the big companies have not taken up this issue for us. Why cannot we have big companies issues statements in our favor?





    ragz4u
    02-27 12:33 PM
    She should have tried through the emergency quota/appoinment to get her stamping.. Death in immediate family is a accepted for this and I know a colleague you had to go for India for the very same reason, death in the family and returned back after getting his stamping. Got his appointment through EQ. If you fear to get stamped in India, then you can blame the appointment to be 4 months away, etc.. etc...

    The article posted is touching, but out lives are not that bad .. We are far more better and we do have a good life.

    I do not think one would not go to India just because he/she is scared to get a stamp in India. The loss of someone dear to you can overcome any such fears one might have (for me atleast thats applicable).

    In any case, I did not know (neither did my collegaue) of the emergency quota. Thanks for sharing that with us and thanks to forums like these, every day is a learning experience.



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