senthil1
02-04 12:58 PM
Most of your points are ok. But someone has to arrive with a calculation that how much improvement will EB3 get. If it is atleast 2 years then the time and money spent may be Ok. I am sure EB2 will get a very big benefit and I doubt EB3 will get much benefit. My assumption may be wrong. If it is ok even for small benefit we can go ahead with this campaign as the main aim is to remove unfairness in law.
I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.
I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.
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thirdworldman
03-14 05:58 PM
I'd love to do a 3d character battle--it's been a while since I've done any character work--I'm in. Definately a four week deadline, at LEAST.
rayoflight
05-27 01:46 PM
Is it legal to make photocopies of your passport in the US? They dont do it in FEDEX Kinkos etc., Ofcourse you can print it in your house.
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k94
11-22 02:41 PM
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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immigrant2007
02-19 12:20 PM
in case someone has already raised tis point then please pardon my ignorance.
Not sure if anyone came across this in the same bill, for all those who will benefit by 5 year cluse they will be beneift but at the same time they will be excluded from the annual numerical limitation quota that means PD dates moving rapidly for as early as all who were here on 20-FEB-2004 (if the bill is passed today which we all know wont happen). So I guess not bad in giving it a shot for raising support for it
BTW did anyone also looked at the exact text
"It is 5 year of continuous physical presence"
My question and doubt is how different is it from "5 year of legal presence v/s physical presence". People who didnt go to homeland for vacation are less than 10%.
Not sure if anyone came across this in the same bill, for all those who will benefit by 5 year cluse they will be beneift but at the same time they will be excluded from the annual numerical limitation quota that means PD dates moving rapidly for as early as all who were here on 20-FEB-2004 (if the bill is passed today which we all know wont happen). So I guess not bad in giving it a shot for raising support for it
BTW did anyone also looked at the exact text
"It is 5 year of continuous physical presence"
My question and doubt is how different is it from "5 year of legal presence v/s physical presence". People who didnt go to homeland for vacation are less than 10%.
GCard_Dream
01-16 12:54 PM
Just signed up for $20 recurring payments through Paypal. Subscription#S-91A48116HP955223R
Let's make this a 100 page thread with messages filled with new contributions.
Let's make this a 100 page thread with messages filled with new contributions.
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reddymjm
10-21 08:59 AM
Bump
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ajthakur
07-14 05:07 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
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immigrant2007
03-12 10:59 AM
IV has not failed. If the objective has not been met then it is our fault not Pappu's.
See for yourself how united are you guys are when u know you have been given unfair treatment by USCIS (this crappy backlog). We won't suceed unless all of us work together, if we fail once try again, ..keep trying harder each time till we succeed.
See for yourself how united are you guys are when u know you have been given unfair treatment by USCIS (this crappy backlog). We won't suceed unless all of us work together, if we fail once try again, ..keep trying harder each time till we succeed.
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paskal
07-03 09:13 PM
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
nixstor, you right of course. i was not comparing it to labor sub, just pointing out that there are a myriad of loopholes. the EB1C is hardly meant for employees already here- sending them out and bringing them back is legal- yet its very much a loophole being exploited. in many cases - again just my anecdotal observation, the position is not just a fake manager- yet the position is not the real "concept" of a multinational manager either. i have seen attorneys in big corporate firms getting EB1c by this method.
i do believe though that over time USCIS has become aware of this activity. A little skimming of EB1c posts on reveals a great deal of new scrutiny for the EB1c 1-140 petitions. The same is true when an entirely new employee is being brought in. they are asking a lot of questions on company structures, hierarchy and individual roles and responsibilities....
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
nixstor, you right of course. i was not comparing it to labor sub, just pointing out that there are a myriad of loopholes. the EB1C is hardly meant for employees already here- sending them out and bringing them back is legal- yet its very much a loophole being exploited. in many cases - again just my anecdotal observation, the position is not just a fake manager- yet the position is not the real "concept" of a multinational manager either. i have seen attorneys in big corporate firms getting EB1c by this method.
i do believe though that over time USCIS has become aware of this activity. A little skimming of EB1c posts on reveals a great deal of new scrutiny for the EB1c 1-140 petitions. The same is true when an entirely new employee is being brought in. they are asking a lot of questions on company structures, hierarchy and individual roles and responsibilities....
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alex99
05-09 01:05 PM
bump
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alex99
10-29 07:47 AM
^^^^^^^^^^
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Macaca
09-26 12:38 PM
Don't Drag India into everything!
Please, Have an open mind. Don't make statements like this.
IV has people from across the globe and each country has its own issues. We are trying to deal with the issues in the US and lets focus on that and not drag in other countries as examples (good or bad).
Thanks for saying it. Please do not hesitate to say it again and again and again ..., for
To sin by silence
when they should protest
makes cowards of men
Abraham Lincoln
Please, Have an open mind. Don't make statements like this.
IV has people from across the globe and each country has its own issues. We are trying to deal with the issues in the US and lets focus on that and not drag in other countries as examples (good or bad).
Thanks for saying it. Please do not hesitate to say it again and again and again ..., for
To sin by silence
when they should protest
makes cowards of men
Abraham Lincoln
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nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
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saimrathi
08-15 04:02 PM
This is already on another thread..!!!
http://immigrationvoice.org/forum/showthread.php?t=12391
http://immigrationvoice.org/forum/showthread.php?t=12391
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jprangi
07-03 02:10 PM
Hello All,
This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
I have seen tons of blogs on internet and every blogs is talking about the same things.
Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.
Dont you think its time to wake up and scream so loudly that these deafs can
hear and feel the pain.
Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.
Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.
Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"
MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
Its time to tell them that we can do it and we can do it very hard.
Its time to stop beating around bush and do something useful.
Just some thought..
-JP
This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
I have seen tons of blogs on internet and every blogs is talking about the same things.
Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.
Dont you think its time to wake up and scream so loudly that these deafs can
hear and feel the pain.
Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.
Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.
Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"
MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
Its time to tell them that we can do it and we can do it very hard.
Its time to stop beating around bush and do something useful.
Just some thought..
-JP
more...
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sukhwinderd
02-09 08:43 AM
I would like to join, I live in Orlando area... do you happen to hear from other interested members?
most likely one of my friends will join. so 3 of us till now. i am trying to check with my other friends.
most likely one of my friends will join. so 3 of us till now. i am trying to check with my other friends.
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map_boiler
07-18 08:43 AM
Our packet was delivered to NSC on July 2nd at 7:55 am...
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vandanaverdia
09-11 12:36 PM
GET UP!!!
STAND UP FOR YOUR RIGHTS!!!!
Come to DC... lets get together & let our voices be heard!!!
STAND UP FOR YOUR RIGHTS!!!!
Come to DC... lets get together & let our voices be heard!!!
gc_lover
07-18 08:34 AM
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..
I will call USCIS next monday if I dont hear anything before then..
I read in one of the other thread that, a lawyer said, it might take couple of weeks to generate receipt numbers for early July filers. They are almost done with receipt number for June filers and will start with July filers.
I will call USCIS next monday if I dont hear anything before then..
I read in one of the other thread that, a lawyer said, it might take couple of weeks to generate receipt numbers for early July filers. They are almost done with receipt number for June filers and will start with July filers.
jthomas
06-01 10:31 PM
I passed that CBP checkpoint twice when I went to San Diego and twice, I wasn't inspected. Both times, I have no immigration documents with me but my CA Driver's License.
May I ask, do you happen to have out of state licence plate?
Yes, I live in orange county, CA and used to travel to san diego every weekend. I never carried any immigration document even now in my car.
May I ask, do you happen to have out of state licence plate?
Yes, I live in orange county, CA and used to travel to san diego every weekend. I never carried any immigration document even now in my car.