desi485
11-20 06:01 PM
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
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belmontboy
09-07 07:50 PM
Came in Aug 1997...
Been on H1b since then...
No EAD.
Stuck in this process... seems forever now ....
PD of Jun 02 in EB3...
why didn't u file 485 in july 2007?
Been on H1b since then...
No EAD.
Stuck in this process... seems forever now ....
PD of Jun 02 in EB3...
why didn't u file 485 in july 2007?
hebbar77
09-11 10:40 PM
when do we all send it? should we wait for oct 2nd?
Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)
Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)
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bayarea07
07-18 03:17 PM
Can you please post this as part of a newsletter to all the members.
IV action alert $50 per month recurring contribution drive.
Dear IV members,
IV has had its first big success this year and we should all be proud of what we can all do. We worked hard and left no stone unturned to get this relief for our members. During the last few days there has been some movement on the National Defense Authorization Act and work on DREAM and SKIL provisions. While we were fully focused on the 485 relief, we did not lose sight of the developments. We have built a positive momentum and have been getting positive signals from key lawmakers. It is now upto us how we can seize the opportunity and focus on the lobbying efforts on legislative front. After seeing the overwhelming support of our members we are also encouraged to move ahead with full steam and explore the possibility of our provisions in the upcoming legislative activities. We also need to explore any other future movement on legislative front. Please join us in this struggle by signing up for $50 or more per month recurring contributions. This minimum amount is important for us to accomplish the kind of results we all desire. The failure of CIR and the political climate against immigration are making the task difficult but not impossible.
Monthly $50 sign ups will enable us to have a better idea on the funds for the coming months and we can plan our efforts better.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Thanks again for your continued support.
IV team
P.S. After our success with the visa bulletin, our opponents, other organizations and people in DC know that IV has arrived. Congrats everyone.
IV action alert $50 per month recurring contribution drive.
Dear IV members,
IV has had its first big success this year and we should all be proud of what we can all do. We worked hard and left no stone unturned to get this relief for our members. During the last few days there has been some movement on the National Defense Authorization Act and work on DREAM and SKIL provisions. While we were fully focused on the 485 relief, we did not lose sight of the developments. We have built a positive momentum and have been getting positive signals from key lawmakers. It is now upto us how we can seize the opportunity and focus on the lobbying efforts on legislative front. After seeing the overwhelming support of our members we are also encouraged to move ahead with full steam and explore the possibility of our provisions in the upcoming legislative activities. We also need to explore any other future movement on legislative front. Please join us in this struggle by signing up for $50 or more per month recurring contributions. This minimum amount is important for us to accomplish the kind of results we all desire. The failure of CIR and the political climate against immigration are making the task difficult but not impossible.
Monthly $50 sign ups will enable us to have a better idea on the funds for the coming months and we can plan our efforts better.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Thanks again for your continued support.
IV team
P.S. After our success with the visa bulletin, our opponents, other organizations and people in DC know that IV has arrived. Congrats everyone.
more...
bestofall
07-15 03:25 PM
Here is my pledge.
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Satyasai ,
You are the STAR ,
Iam sure every one will get motivated by you :)
Thanks
Bestofall
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Satyasai ,
You are the STAR ,
Iam sure every one will get motivated by you :)
Thanks
Bestofall
sam_hoosier
01-03 04:06 PM
I plan on staying here for 5 more years and then I am going back - GC or no GC ;)
After having lived in the US for 8 yrs, I still find myself craving for all things Indian - food, grocery, music, friends, movies, TV channels etc.
For me GC is just a convenience which will allow me to change jobs and hopefully get to the level that I should have if I had not been stuck because of the H1B.
My kids are US citizens and they are free to come back & study/work/live here when they are old enough to make that decision.
To go back after having managed to get here was a tough decision to make, but the whole retrogression thing has made it easier for me.
After having lived in the US for 8 yrs, I still find myself craving for all things Indian - food, grocery, music, friends, movies, TV channels etc.
For me GC is just a convenience which will allow me to change jobs and hopefully get to the level that I should have if I had not been stuck because of the H1B.
My kids are US citizens and they are free to come back & study/work/live here when they are old enough to make that decision.
To go back after having managed to get here was a tough decision to make, but the whole retrogression thing has made it easier for me.
more...
GCwaitforever
06-30 01:30 PM
Got my LC approved June 05 2006.
Took only (!) 4 years from first application...
DOL recevied: Dec 5, 2002.
Got my 45 day letter in Feb 2005.
EB3-RIR
Filed in Philly DOL.
3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...
Congratulations and good luck with remaining stages in GC. Believe me, we need lots of luck not to get stuck in other stages. I am still waiting ever since filing labor petition in November 2001.
Took only (!) 4 years from first application...
DOL recevied: Dec 5, 2002.
Got my 45 day letter in Feb 2005.
EB3-RIR
Filed in Philly DOL.
3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...
Congratulations and good luck with remaining stages in GC. Believe me, we need lots of luck not to get stuck in other stages. I am still waiting ever since filing labor petition in November 2001.
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aray
08-14 08:37 PM
I totally agree with you. I have read the original message several times too and I am sure they mean June 2008. Our only hope is if they meant Mexico only, and not al EB categories.
I have read the Original quote several times and dont see how they mean June 2007, To me it is clear that they are talking about June 2008.
Sorry to sound so negative, but I think we are looking at something like Sept 2001 for EB3-I in Oct bulletin.
I have read the Original quote several times and dont see how they mean June 2007, To me it is clear that they are talking about June 2008.
Sorry to sound so negative, but I think we are looking at something like Sept 2001 for EB3-I in Oct bulletin.
more...
chanduv23
09-12 02:04 PM
Actually,
why do they even have to locate old files physically?
All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )
WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?
Easier said than done - we have no clue what they do - what pattern they follow - but what has happened clearly suggests that there are many disconnects and there are always excuses.
The flood of approvals that come during end of fiscal year is just to avoid issues with questions raised for inefficiency
why do they even have to locate old files physically?
All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )
WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?
Easier said than done - we have no clue what they do - what pattern they follow - but what has happened clearly suggests that there are many disconnects and there are always excuses.
The flood of approvals that come during end of fiscal year is just to avoid issues with questions raised for inefficiency
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rayen
08-02 06:42 PM
Has any one received receipt # from TSC ( Texas Service Center) for July filers
more...
GCVir
07-28 08:36 PM
Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
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bpratap
05-15 05:24 PM
The bank is GMAC.
this is a bank owned property, and there is a pre-condition that we should use their bank for the loan.
Wondering how to explain the VISA situation in a way they would understand.
this is a bank owned property, and there is a pre-condition that we should use their bank for the loan.
Wondering how to explain the VISA situation in a way they would understand.
more...
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anyluck?
12-10 07:27 PM
@TeddyKoochu
You are right. Good my reply getting some more replies :)
You are right. Good my reply getting some more replies :)
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pcs
07-05 01:59 PM
Good job pcs !!
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
Just please let me know. WSJ news article & Congresswoman's letter adds a lot of muscle in your argument when you meet them
Some can use following letter to email / fax.............................
......
.......
Hi ,
This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....
pl. read on...
Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.
If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.
What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date
ARE WE ASKING FOR TOO MUCH ???????????????????
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
Just please let me know. WSJ news article & Congresswoman's letter adds a lot of muscle in your argument when you meet them
Some can use following letter to email / fax.............................
......
.......
Hi ,
This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....
pl. read on...
Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.
If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.
What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date
ARE WE ASKING FOR TOO MUCH ???????????????????
more...
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wellwisher02
04-01 08:46 AM
Wow, so you're telling me be happy as somebody else is in pain now ???
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act professionallly as all other IV members do. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against USCIS. Will you be brave enough (if not foolhardy enough) to reproduce whatever you said here in a letter and send it out to the USCIS? Trust me, you'll not since you'd act politely and professionally to make out your case. We expect you to act with decorum when you discuss pertinent issues in IV forum.
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act professionallly as all other IV members do. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against USCIS. Will you be brave enough (if not foolhardy enough) to reproduce whatever you said here in a letter and send it out to the USCIS? Trust me, you'll not since you'd act politely and professionally to make out your case. We expect you to act with decorum when you discuss pertinent issues in IV forum.
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gc_maine2
07-19 02:06 PM
Contributed $100 today, earlier contribution $50.
Order Details - Jul 19, 2007 2:28 PM EDT
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Order Details - Jul 19, 2007 2:28 PM EDT
Google Order #464374160968946
more...
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ashutrip
06-22 11:28 AM
Visa Bulletin suggests that severe cut-off date retrogressions are likely to occur early in FY 2008, which starts on October 1, 2007.
So we still have some time on our side.
Hope will keep us alive!!
So we still have some time on our side.
Hope will keep us alive!!
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chanduv23
07-06 04:13 PM
This is confusing - so what about AOS cases? For AOS we definitely cannot do appointment scheduling ...
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Green.Tech
06-10 02:12 PM
These visa bulletins, and EAD renewals, and H-1B extensions are not going to cut it for those who want GC's sooner than later. Please help IV to help you.
1) Make those ever important phone calls, and
2) Contribute financially
Don't let this opportunity pass by. Don't let the same visa bulletin get you 3 years down the line. Only we can help push these reforms, no one else is out there to help us!
1) Make those ever important phone calls, and
2) Contribute financially
Don't let this opportunity pass by. Don't let the same visa bulletin get you 3 years down the line. Only we can help push these reforms, no one else is out there to help us!
trueguy
02-26 12:01 PM
Forget about LIFO or FIFO, this year EB2 won't be getting enough visa's from spill-over. They would be giving majority of spill-over to EB3-ROW/I/C and EB2 would be getting very small fraction. And how's that is possible for that they would play around the law ( by making EB2 current).
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
indio0617
03-09 11:29 AM
Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?
No. it was talk about validating employment for legal immigrants at the workplace. I-9 etc... They just worded it as "Employment authorization"
It is not about our EAD
No. it was talk about validating employment for legal immigrants at the workplace. I-9 etc... They just worded it as "Employment authorization"
It is not about our EAD
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