baleraosreedhar
09-12 02:48 PM
Instead of sending Pen,clock and flowers on 1 day , for a big impact lets send it for continously for 5 days starting on Sept 29 monday and ending on Oct 3 friday.
This way atleast Main Stream media will hear our woes and help in getting the message to the right parties.
This way atleast Main Stream media will hear our woes and help in getting the message to the right parties.
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desi485
11-18 03:50 PM
We must also step forward and work towards resolving other things
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
chanduv23
05-14 12:21 PM
There are plans on IVs agenda to see if we can collectively help ourselves on these issues.
I recommend all members to use every channel you get to fix issues like these.
We are entitled for a fair process and we must make sure every application is treated in a fair manner.
Folks - anyone can face these issues.
If you have any case problems, please contact the Ombudsman, contact your law makers. Let everyone be aware of these issues.
I recommend all members to use every channel you get to fix issues like these.
We are entitled for a fair process and we must make sure every application is treated in a fair manner.
Folks - anyone can face these issues.
If you have any case problems, please contact the Ombudsman, contact your law makers. Let everyone be aware of these issues.
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rsdang
04-02 10:18 AM
I hear you and for most part agree with you that USCIS - However bad they may seem - is still one of the best run government agencies...
No need for you to trash another country to make your point... We are all foreigners here and know what happens in rest of the world...
Chill... and BTW - USCIS does not give you a green card for sucking up... as you said there is a system and a process in place in US our Karm bhoomi...
No need for you to trash another country to make your point... We are all foreigners here and know what happens in rest of the world...
Chill... and BTW - USCIS does not give you a green card for sucking up... as you said there is a system and a process in place in US our Karm bhoomi...
more...
JunRN
05-29 12:33 AM
Well, so far so good for me. As per Zillow estimate, my home value is now 10k more than my purchase price. It depends on where you're buying.
I guess that when the economy starts climbing up and people starts buying houses, interest rate will also climb up to 6%. At 6%, I need to pay $400 more per month.
I guess that when the economy starts climbing up and people starts buying houses, interest rate will also climb up to 6%. At 6%, I need to pay $400 more per month.
saimrathi
07-18 12:38 PM
I posted this on another thread.. Recapturing lost visa numbers from yester years has to be top priority..
lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
more...
mirage
08-04 11:36 AM
There's no law that employer should borne the cost of GC. I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs. I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer. I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade. There are atleast 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
>> I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
Good Luck.[/COLOR][/B]
>> I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
Good Luck.[/COLOR][/B]
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mirage
08-17 09:38 PM
What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.
GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.
more...
amitga
06-11 12:28 AM
At least this clears up any hopes from future Visa Bulletins. What's next?
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Macaca
09-14 07:22 PM
Immigration Paralysis (http://immigrationvoice.org/forum/showpost.php?p=134837&postcount=852) By George Melloan (george.melloan@wsj.com) | Wall Street Journal, Jul 27 2007
more...
chanduv23
07-11 12:01 PM
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Saileshdude - relax. Get a job ASAP. PM me your phone number and I will call you
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Saileshdude - relax. Get a job ASAP. PM me your phone number and I will call you
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javaconsultant
10-31 12:09 PM
Guys,
Do you know any knowledgable and experienced Immigration Attorney in Southern California ?
I want to discuss my work options (self-employment or change of employer/Change of job description - Developer to Team Lead etc.)
pls. share your experiences and recommendations.
Thanks.
Do you know any knowledgable and experienced Immigration Attorney in Southern California ?
I want to discuss my work options (self-employment or change of employer/Change of job description - Developer to Team Lead etc.)
pls. share your experiences and recommendations.
Thanks.
more...
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smuggymba
08-12 12:42 PM
In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.
TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.
TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.
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mbawa2574
03-04 05:16 PM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
Obama is ready to give out a home loan to a drug dealer on the street but a hardworking,tax paying , wealth creator skilled immigrant won't get it.
So this is a new feature of Obama Nation:mad:
Liberals shame on you for electing this inexperienced socialist communist to the white house.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
Obama is ready to give out a home loan to a drug dealer on the street but a hardworking,tax paying , wealth creator skilled immigrant won't get it.
So this is a new feature of Obama Nation:mad:
Liberals shame on you for electing this inexperienced socialist communist to the white house.
more...
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JunRN
08-20 09:36 PM
While Illegal immigrants are simply using international drivers license, we, legal immigrants, are having difficulty getting to drive legally. This is simply ridiculous.
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new_horizon
03-06 11:36 AM
There was a change in LUD for both me and my wife on 3/4/09. Then on my wife's, there were LUD ON 3/5 & now 3/6/09 also. When I open the Case Number, it shows the usual information "Current Status: Case received and pending". Any idea what this could mean. Thanks.
more...
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gonecrazyonh4
04-25 11:04 AM
My husband has been working on H1B with a leading company in USA since early 2000. Our Labor was filed in March 2005 and is stuck at BEC. I am on H4 and am not able to work or contribute.
One of our friends starting working in USA through a consultant in late 2004. Filed his I-140 directly with a substitute PD in June 2005. They received their EAD same year in October 2005 and received his physical Green card on February 2006 . He used a priority date of 1999 due to his substitute PD. Now he is a free bird and can move jobs, his wife can work and they receive all the benefits of green card.
How fair can this be?
We are unable to move, take up a better job, receive a promotion or take up fulltime studies even after getting admission in best Universities due to our Visa situation.
Sweeping changes are necessary in immigration rules and the date the person starts to work on H1B should be considered as the priority date. It will eliminate lot of corruption and reward those who truly contribute to the economy.
One of our friends starting working in USA through a consultant in late 2004. Filed his I-140 directly with a substitute PD in June 2005. They received their EAD same year in October 2005 and received his physical Green card on February 2006 . He used a priority date of 1999 due to his substitute PD. Now he is a free bird and can move jobs, his wife can work and they receive all the benefits of green card.
How fair can this be?
We are unable to move, take up a better job, receive a promotion or take up fulltime studies even after getting admission in best Universities due to our Visa situation.
Sweeping changes are necessary in immigration rules and the date the person starts to work on H1B should be considered as the priority date. It will eliminate lot of corruption and reward those who truly contribute to the economy.
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chanduv23
09-17 10:42 AM
I just registered for IV. I wish I could come to DC rally on 18th. But due to certain unavoidable circumstances I may not be able too. Though not an excuse But I feel very guilty about it and this guilt will always remain there that I was not part of rally on 18th. I am contributing a small amount of $ 100 by google order # 309818904607579
Thanks for your contribution and support, please urge other friends to make it to DC
Thanks for your contribution and support, please urge other friends to make it to DC
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gctoget
07-31 10:27 AM
There will be a conference call for SoCal IV members on August 7th,2007 at 8:00 P.M.
Please join SoCal IV yahoogroup for more info.
Send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
Please join SoCal IV yahoogroup for more info.
Send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
anandsubu74
02-12 02:55 PM
EB3/Nov 2003/NJ
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
fruity
07-23 03:22 AM
I was also asked to resubmit ds230. my pd is dec 2005. With the VB being current now what are the probable dates for the OCt VB?
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