ilwaiting
07-11 07:36 AM
By this action USCIS is creating more confusion and dilemma among July 485 filers. Not sure what is going on, but atleast government should atleast be fair in some ways.
More drama and confusion. Thats all I think.
More drama and confusion. Thats all I think.
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santb1975
06-04 11:10 AM
Keep your calls going
seeking_GC
05-25 02:04 PM
I think we need to study the bill in detail before we jump to any conclusions.
From reading the summary in the AILA website, specifically the below :
The legislation would reinforce our commitment to families and reduce current wait times in the family immigration system by:
�Recapturing an estimated 400,000 family-sponsored and employment-based visas that went unused between 1992 and 2007.
Atleast to me it seems like the bill plans on using all the unused visas from the past years and apply that towards the family quota. Not sure if that would help the EB cause.
Inputs anyone?
From reading the summary in the AILA website, specifically the below :
The legislation would reinforce our commitment to families and reduce current wait times in the family immigration system by:
�Recapturing an estimated 400,000 family-sponsored and employment-based visas that went unused between 1992 and 2007.
Atleast to me it seems like the bill plans on using all the unused visas from the past years and apply that towards the family quota. Not sure if that would help the EB cause.
Inputs anyone?
2011 Crown Princess Victoria of
Ramba
10-09 05:24 PM
Hi All
I have been following this thread for the last few days and wanted to share some info. Hoping it would be useful.
I entered the country in Jan 08 using the AP while I was still working for my GC sponsoring employer. Then in June 08 I joined another employer by transferring my H1B to the new employer. I did have the option of using EAD but I wasn't sure if the renewal will come before the expiry of current EAD. So decided to transfer H1 and my new employer graciously agreed to it.
We did a premium transfer so got the approval in 2 weeks. Money does wonders (Almost like the proverbial paper weight with files). I confirm that the I94# number on I797 approval notice is same as the I94# number I got when entering the country in Jan 08.
So this should be a good news for folks who are trying to do the same. I am in a different boat right now. I have to travel to India this November. I plan to return using AP. But now my employer is different from my GC sponsoring employer. Another issue is that I am going only for two weeks while my wife will be in India till Mid Jan. So we will enter US separately using AP. Please share your thoughts if you have been in this situation.
Does your new I-94 (after H1 transfer) shows H1B or parolee? If you have time get H1B visa based on your recent H1B approval notice and enter on that. Otherwise you can very well enter on AP, though you work for different employer. As long as 485 is pending and if you have valid AP in hand, admission will not be an issue. Keep your H1B approval notice and AC21 letter (if you have it) in hand, in case if they dig you more.
I have been following this thread for the last few days and wanted to share some info. Hoping it would be useful.
I entered the country in Jan 08 using the AP while I was still working for my GC sponsoring employer. Then in June 08 I joined another employer by transferring my H1B to the new employer. I did have the option of using EAD but I wasn't sure if the renewal will come before the expiry of current EAD. So decided to transfer H1 and my new employer graciously agreed to it.
We did a premium transfer so got the approval in 2 weeks. Money does wonders (Almost like the proverbial paper weight with files). I confirm that the I94# number on I797 approval notice is same as the I94# number I got when entering the country in Jan 08.
So this should be a good news for folks who are trying to do the same. I am in a different boat right now. I have to travel to India this November. I plan to return using AP. But now my employer is different from my GC sponsoring employer. Another issue is that I am going only for two weeks while my wife will be in India till Mid Jan. So we will enter US separately using AP. Please share your thoughts if you have been in this situation.
Does your new I-94 (after H1 transfer) shows H1B or parolee? If you have time get H1B visa based on your recent H1B approval notice and enter on that. Otherwise you can very well enter on AP, though you work for different employer. As long as 485 is pending and if you have valid AP in hand, admission will not be an issue. Keep your H1B approval notice and AC21 letter (if you have it) in hand, in case if they dig you more.
more...
ndialani
10-30 12:14 PM
Caliguy,
I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?
Leoindiano,
For Sending #7001 form.....Just google "cis ombudsman form dhs-7001"
type and print pdf. file and mail it to them. Follow it up via email .
I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?
Leoindiano,
For Sending #7001 form.....Just google "cis ombudsman form dhs-7001"
type and print pdf. file and mail it to them. Follow it up via email .
lazycis
10-09 02:30 PM
A good read on the subject with references to applicable law and USCIS memos/policies:
https://www.ilw.com/articles/2007,0109-nadalin.shtm#_edn29
https://www.ilw.com/articles/2007,0109-nadalin.shtm#_edn29
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prakgc
08-25 06:02 PM
Guys.. need your expert advice.
I am travelling next month out of the country for a week. I am currently on a valid H1B which is stamped on my passport but my 485 is pending and the dates are current. I also have a valid AP to use and return on.
Question i have is if i show my H1B visa at the port of entry and enter using that am i risking my 485 application in anyway?
Let me tell you the hypothetical situation i am talking about
lets say my 485 gets approved on sept 6th 2008 but has not been updated on the USCIS case status online. Also i enter the country on sept 6th 2008 on h1b status?
What happens then? do i lose my 485 status because the last status i enetered on 485???
Please gurus .. i really need to know if this is true? does coming on h1b invalidate your approved 485 ?
I am travelling next month out of the country for a week. I am currently on a valid H1B which is stamped on my passport but my 485 is pending and the dates are current. I also have a valid AP to use and return on.
Question i have is if i show my H1B visa at the port of entry and enter using that am i risking my 485 application in anyway?
Let me tell you the hypothetical situation i am talking about
lets say my 485 gets approved on sept 6th 2008 but has not been updated on the USCIS case status online. Also i enter the country on sept 6th 2008 on h1b status?
What happens then? do i lose my 485 status because the last status i enetered on 485???
Please gurus .. i really need to know if this is true? does coming on h1b invalidate your approved 485 ?
2010 Denies She is Anorexic
we_can
02-08 08:10 AM
Yes US Post Doc (without US MS or PhD) might not qualify under SKIL. But on the other had, a post doc might have enough publications and such under his/her belt to try to go for EB1.
we_can
Post doc is a position not a US educational qualification and hence not a benefitiary of SKIL bill. The SKIL bill included US Master's and Ph.D's.
With your US MS you should not have any problem. Would require 3 years work experience to allow one to self adjust. We will need to wait and see what happens when it is introduced again in the new congress.
we_can
Post doc is a position not a US educational qualification and hence not a benefitiary of SKIL bill. The SKIL bill included US Master's and Ph.D's.
With your US MS you should not have any problem. Would require 3 years work experience to allow one to self adjust. We will need to wait and see what happens when it is introduced again in the new congress.
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Robert Kumar
03-29 06:15 AM
It is possible INS can track you down using posts here as you seem to be illegally here in the US. I wouldnt be advising anything to you as you are an illegal alien.
hair MINITEATRO (ANOREXIA Y
BostonGCVictim
07-16 06:53 PM
done
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desi3933
03-22 12:36 PM
AC21 is a law but certain provisions of AC21 have been introduced in separate memos.
Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.
Incorrect!
Job Portability is part of AC-21 law. Read for yourself.
AC-21 law (http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=H9005&dbname=2000_record)
��(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE.�
A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.��
_________________
Not a legal advice.
Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.
Incorrect!
Job Portability is part of AC-21 law. Read for yourself.
AC-21 law (http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=H9005&dbname=2000_record)
��(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE.�
A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.��
_________________
Not a legal advice.
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sss9i
07-16 11:10 AM
Done
more...
house She was also anorexic for her
ars01
04-20 09:48 AM
Contributed $100 towards the cause
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prashantc
01-31 11:26 AM
Congratulations...and am happy for you.
Dear lost_in_gc,
I am praying for you. And everyone who is a victim of the now naive PIMS system. I assure you you will hear good news soon. Good luck buddy!
Dear lost_in_gc,
I am praying for you. And everyone who is a victim of the now naive PIMS system. I assure you you will hear good news soon. Good luck buddy!
more...
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hiralal
01-09 12:06 AM
I believe it will be the same old story. They will wait till last quarter and then will waste thousands of visa numbers because of their darn slow processing hands and we people will again start talking optimism from Oct 2010.
What happened to the IV's talk with USCICS on spillover policies? Does anybody know?
my thoughts exactly - they are just relaxing till summer season !! and maybe they will make the dates current in last quarter too - this means more mess but more $$$$ for them.
time to make plan B = plan A. and plan C = plan B.
my plan C -- make more money, save more and buy less with eventual return to home country if needed !!
What happened to the IV's talk with USCICS on spillover policies? Does anybody know?
my thoughts exactly - they are just relaxing till summer season !! and maybe they will make the dates current in last quarter too - this means more mess but more $$$$ for them.
time to make plan B = plan A. and plan C = plan B.
my plan C -- make more money, save more and buy less with eventual return to home country if needed !!
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WillIBLucky
11-16 01:49 PM
There is radio talk guy Sean Hannity (Convervative Republican). He is very popular for his straight and truth talk on radio. He comes in 7:60 AM on radio from 3PM to 5 PM EST.
We could send an e-mail or call and request him if he could take time to talk about our problem. He is very much against Illegal Immigration. He always supported legal immigration. He himself is an immigrant. Most of the people in Congress know him. Probably this might be a good idea and hope he will talk about our problems and this wrong propaganda about us not paying taxes.
For more information about him you can check http://www.hannity.com
We could send an e-mail or call and request him if he could take time to talk about our problem. He is very much against Illegal Immigration. He always supported legal immigration. He himself is an immigrant. Most of the people in Congress know him. Probably this might be a good idea and hope he will talk about our problems and this wrong propaganda about us not paying taxes.
For more information about him you can check http://www.hannity.com
more...
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pappu
07-01 08:26 PM
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
girlfriend Ms. Lohan is so anorexic that
Mayday
03-30 07:49 PM
I am sorry guys, but I was only able to read through the 1st page; and there are a lot of dumb answers and advises.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
hairstyles Is+leann+rimes+anorexic
eswaraprasad73
02-07 03:04 PM
I have valid H1B visa in my passport. Can I travel via london to india.
Can you please tell me what restrictions we have when we travel thru london.
Do we need to take Transit visa inorder to travel via london?
Can you please tell me what restrictions we have when we travel thru london.
Do we need to take Transit visa inorder to travel via london?
gcisadawg
04-09 03:14 PM
i will go ahead and give my take on this based on my experience
1) some doctors DO NOT give a waiver since they think its OK to take a TB test during pregnancy itself, let alone not taking after child birth. so call the doc b4 you go.
2) I believe as long as the doctor gives you a blanket waiver it should be fine, thats all the proof you probably mifght need..
I dont think USCIS is so crude to go into getting excruciating evidence in these type of situations...good luck;)
I would call the USCIS if first off , they could give you more time..saying that she is traveling....if not get a blanker waiver..
Our immigration doctor, as a std. practice, don't do TB test during pregnancy. That's the reason we didn't do TB test for her during July 2007 fiasco.
1) some doctors DO NOT give a waiver since they think its OK to take a TB test during pregnancy itself, let alone not taking after child birth. so call the doc b4 you go.
2) I believe as long as the doctor gives you a blanket waiver it should be fine, thats all the proof you probably mifght need..
I dont think USCIS is so crude to go into getting excruciating evidence in these type of situations...good luck;)
I would call the USCIS if first off , they could give you more time..saying that she is traveling....if not get a blanker waiver..
Our immigration doctor, as a std. practice, don't do TB test during pregnancy. That's the reason we didn't do TB test for her during July 2007 fiasco.
pappu
03-14 01:09 PM
I would say the activity in state chapter participation is '5%' at best in contributing members. By that token, you can ignore the non-contributing members. I see thousands of messages in retrogression and like forums while I see hardly dozens of messages in state chapters forums.
Take the example of state Texas, it has one of the largest pool of House Reps in congress and folks impacted by retrogression in this state is very high. Most of these House Reps are anti-immigrant. I am not sure if it is for both legal and illegal. In TX, there is no state chapter activity for the last 4 months. I called for a meeting, not one responded. I think IV core should come up with a specific schedule for each of the state chapter meetings and also core team should assign a contact for each of the state chapters. Core team should also participate in these meetings to provide a directed leadership. If need be, induct more members into core team..
Take the responsibility of your state chapter: texas.
Update your profile with your contact information. Your profile does not have contact information for us to contact you. Get in touch with everyone in your chapter thread and PM them. organize a call. Core members participate in chapter calls when needed. The onus of making the chapter active is on members. If your chapter is inactive, make it active. If you do not have leadership, be a leader and lead everyone in your state. Do not depend on others to help you, help yourself. If nobody helps you, then go yourself and meet your lawmakers. Others in your state will follow you and you can lead them to other lawmaker offices.
This applies to all state chapters.
Most members just keep refreshing IV page every few minutes for updates and expect others to do IV action items and contributions for them. It is upto each one of us to provide updates to each other by meeting our lawmakers and informing everyone on chapter activities.
No wonder there somuch depression! what have we done to get rid of our depression other than visiting this site everyday for updates?
Take the example of state Texas, it has one of the largest pool of House Reps in congress and folks impacted by retrogression in this state is very high. Most of these House Reps are anti-immigrant. I am not sure if it is for both legal and illegal. In TX, there is no state chapter activity for the last 4 months. I called for a meeting, not one responded. I think IV core should come up with a specific schedule for each of the state chapter meetings and also core team should assign a contact for each of the state chapters. Core team should also participate in these meetings to provide a directed leadership. If need be, induct more members into core team..
Take the responsibility of your state chapter: texas.
Update your profile with your contact information. Your profile does not have contact information for us to contact you. Get in touch with everyone in your chapter thread and PM them. organize a call. Core members participate in chapter calls when needed. The onus of making the chapter active is on members. If your chapter is inactive, make it active. If you do not have leadership, be a leader and lead everyone in your state. Do not depend on others to help you, help yourself. If nobody helps you, then go yourself and meet your lawmakers. Others in your state will follow you and you can lead them to other lawmaker offices.
This applies to all state chapters.
Most members just keep refreshing IV page every few minutes for updates and expect others to do IV action items and contributions for them. It is upto each one of us to provide updates to each other by meeting our lawmakers and informing everyone on chapter activities.
No wonder there somuch depression! what have we done to get rid of our depression other than visiting this site everyday for updates?
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