DSJ
06-20 01:25 PM
I was saying all those things if the reason was money. If that is not the case then I am wrong, I am not an expert in suggesting different lawyer.
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
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dish
01-10 10:27 PM
We can demand a purple card for any techworker who had worked and paid taxes and contributed to Social Security and medicare for three continuous years. This card should allow free travel and work permit for spouse. Counterpart of blue card for illegals......Once the priority date becomes current and adjustment of status is complete, purple card is replaced by green card !!!!!!!!
abhijitp
01-14 01:36 PM
^^
2011 Justin Bieber amp; Selena Gomez
niidawg3
01-26 06:01 PM
So my old company's lawyers got my Denial Notice today. USCIS is unbelievable in their incompetence. I got denied because apparently I filed when a visa date was not available. Why would i do such a stupid thing? Obviously the IO didnt take the time to do a little research to see why I filed when I did, nor did his Director who rubber-stamped the denial.
My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing
It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.
I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"
Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.
I know i would have lost my job if i made such a life-altering and blatant error!!
I cant believe an Infopass can't resolve this, and I need to go down the MTR route.
My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing
It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.
I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"
Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.
I know i would have lost my job if i made such a life-altering and blatant error!!
I cant believe an Infopass can't resolve this, and I need to go down the MTR route.
more...
Starpromo
02-05 10:07 PM
:(
aaww
never mind
aaww
never mind
chanduv23
08-11 05:40 PM
If you have an approved I-140 and the job description matches that of your Labor, you shouldn't have any issues. The job title shouldn't matter either, it's all in the description/role/responsibilities and the technology. If the technology/tool changes then it's an issue because the Labor you have tells that there is a shortage of people in that area.
Good Luck!
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
Good Luck!
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
more...
shamu
01-10 06:34 PM
I have had 1 friend go through this. In his case he decided to go through the "India Doctors Association" and they refered him to this OBGYN who helped him as community service. She didnt charge anything for her own fees but he had to pay the clinic for tests. For hospital he just put his hands up and didnt pay a penny - it ofcourse spoiled his credit but he didnt care as the amount was so unrealistically high for him (wife had c section so it costs like 40-50k).
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
I really thank you all for the support and information provided.
Thank you all.
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
I really thank you all for the support and information provided.
Thank you all.
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letstalklc
12-21 09:10 AM
I agree 100%, all these consulates are peace of crap, the way they behave is un believable, I have been to New York Office twice, both the times very bad, I don't think they change...
May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...
May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...
more...
shukla77
05-30 06:23 PM
current count 260.Great job everyone.I was chatting with few friends casually and mentioned this. Four of them also have voted. If we can hit 300 by end of the day today, that will be pretty impressive. As someone said, even though this might seem very insignificant but spending 3-4 minutes is definitely not going to hurt us.
Keep it up..
Keep it up..
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edaltsis
10-03 08:35 PM
e-filed on 2 Sep, 2008 (Nebraska Service Center)
- Received Notices on 6 Sep, 2008
- FP: 10 Sep, 2008
- Card Prod Ordered: 22 Sep, 2008
- EAD Card Received on 24 Sep, 2008 (with 2 year validity)
- Received Notices on 6 Sep, 2008
- FP: 10 Sep, 2008
- Card Prod Ordered: 22 Sep, 2008
- EAD Card Received on 24 Sep, 2008 (with 2 year validity)
more...
PMisYMMV
02-20 03:29 PM
I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.
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jsb
01-05 03:00 PM
So jsb if congressman and Ombudsman doesnt work either is there anything which will work ? Can one actually go physically to the Service Center and ask to speak to the PRO (Public relations officer) or something ?
I have heard on this forum someone doing that, i.e. flying to Texas and asking to meet those who matter. Initially they did not entertain him, but eventually he succeeded. It costs nothing trying via the Ombudsman route, may be a bit if a hassle via the Congressman route. You should try both. Mention your situation, clearly bringing out the anomally. Ask if you are cleared on all fronts and your PD is current what is holding up. It might work....Best of luck.
I have heard on this forum someone doing that, i.e. flying to Texas and asking to meet those who matter. Initially they did not entertain him, but eventually he succeeded. It costs nothing trying via the Ombudsman route, may be a bit if a hassle via the Congressman route. You should try both. Mention your situation, clearly bringing out the anomally. Ask if you are cleared on all fronts and your PD is current what is holding up. It might work....Best of luck.
more...
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mirage
08-10 07:26 AM
And I know people who came to US in 2006. Got 2001 EB2 Labor and are now worknig on EAD. Whenever I see this guy my heart screams to choke DOL.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
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willwin
06-05 01:57 PM
Yes it sounds EB3-I is very worst effected..with just fewer approvals...
Is that mean FB,EB1/EB2/others etc.. using more numbers and due to this EB3 numerical limit reached??
I dont think so. I believe that EB3 I would get the bare minimum they should get in a year if not more.
I am not tracking approvals rate as such. But if, CIS hasn't used as many numbers have DOS reported, then as Ron suggested, dates will move forward for EB3 Ind.
Is that mean FB,EB1/EB2/others etc.. using more numbers and due to this EB3 numerical limit reached??
I dont think so. I believe that EB3 I would get the bare minimum they should get in a year if not more.
I am not tracking approvals rate as such. But if, CIS hasn't used as many numbers have DOS reported, then as Ron suggested, dates will move forward for EB3 Ind.
more...
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sam_hoosier
01-04 05:09 PM
Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
:D:D:D
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
:D:D:D
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chanduv23
05-13 12:01 PM
Folks - here is what you all do.
Please contact the Ombudsman's office. Fill out the form 7001 and explain the issue in detail and attach copies of your MTR submissions, notices etc....
Contact your Senators - go to their websites and look for constituent services and follow what is there on their website.
Contact your Congresman - usually congressman's office will give more personal attention. I recommend that you personally go to COngressman's office and talk to the immigration expert there. They will help.
Also, please feel free to contact IV with the issue. You can sed me an email and I will forward it to IV core to see what can be done.
Please contact the Ombudsman's office. Fill out the form 7001 and explain the issue in detail and attach copies of your MTR submissions, notices etc....
Contact your Senators - go to their websites and look for constituent services and follow what is there on their website.
Contact your Congresman - usually congressman's office will give more personal attention. I recommend that you personally go to COngressman's office and talk to the immigration expert there. They will help.
Also, please feel free to contact IV with the issue. You can sed me an email and I will forward it to IV core to see what can be done.
more...
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willwin
06-01 12:40 PM
done.
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loudoggs
08-31 10:55 PM
Nice article....Thanks for sharing!!
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
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abhijitp
01-14 01:36 PM
^^
ItIsNotFunny
06-18 01:49 PM
This is really required. I am with you. I myself was stuck last year and had to postponed my ticket for 8 days. My wife is scared to go to India even if my father in law is not well due to this issue as managing kids will be way more difficult without her if she is stuck.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.