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va_labor2002
07-24 12:38 PM
Hi rpatel,
I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
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babu123
07-13 01:36 PM
What Murthy did is right job. We should not blame her as she did it lately.
I am not her client.
There are so many lawyers in US, But none of them wrote letter to USCIS.
This is not the time to blame her. This is the time to unite with her and do protest. Remember she is asking on our behalf.
I am not her client.
There are so many lawyers in US, But none of them wrote letter to USCIS.
This is not the time to blame her. This is the time to unite with her and do protest. Remember she is asking on our behalf.
abhijitp
07-24 12:51 PM
It doesn't say that anywhere in the link. The 485 filing instructions clearly state what the initial evidence is.
There is no doubt the employer letter is required.
The only question is:
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened?
There is no doubt the employer letter is required.
The only question is:
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened?
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rajuseattle
07-14 08:23 PM
ajthakur,
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
more...
waitnwatch
04-07 07:25 PM
.... One cannot argue (or complaint with the supervisor) with them in the long line at POE to ask them to follow the rules and regulations; or you do not have your lawyer standing next to you in the line. You do not have much option at POE. ...
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Michael chertoff
03-10 12:33 PM
coolman ship,
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
more...
gc_kaavaali
12-21 08:12 PM
Please somebody answer my question...
Hi,
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
Hi,
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
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senthil1
12-20 04:28 PM
You may be considered as out of status but your situation is much better than Visa overstay. If they send RFE then you may have to give proper reason. There are many people who are not getting paid in Bench but rarely green card was denied. Atleast I did not hear anyone green card was denied because of not receiving any pay.
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
more...
rk78
06-11 05:23 PM
sent e-mail to AZ senators
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06-11 12:05 PM
Sent
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kutra
03-06 10:06 AM
btw you are paranoid ..how can someone else do this for you ??
>So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards
dude, i was being funny. which part of the smiley didn't you get?
why are you so scared :-D ..what happens if media watches the poll and how is this dirty linen ...it is a valid point ..and the main point is legal people have to wait for years and years to get the stupid card (and in the meanwhile keep on paying the lawyers fees) ..this is not dirty linen ...if you are not convinced then stay out of the way.
really I dont see any other options after the letter campaign ...unless some one else has a better idea !!
I have been resisting to get dragged into this, but I have to post! Not only are you incapable of understanding humor, but you are totally incompetent in understanding plain English.
I never wrote dirty linen is "writing the fact that we have to wait for years and years" or "having the poll" either. singhsa3 is trying his best to make a case that all of us who are "waiting for years and years" have the potential to buy houses, and therefore give us GCs. Dirty linen is when people like me and Pegasus503 offer our contrasting views (and get red-dotted by immature posters who cannot have a civil debate) AND the media thinks these IV folks are not even in agreement on this subject. This to me would be detrimental to singhsa3's efforts and thus I wrote let's not bicker/argue/wash dirty linen about whether we agree with singhsa3's idea or not.
As far as your advice "if you are not convinced then stay out of the way", take a cold shower, dude. I was the first to delete my post and asked others to do the same so this would benefit singhsa3's campaign. If your miniscule brain cannot fathom my posts, ignore them and help singhsa3 out instead. And yes, while you are growing up, do resist the urge to add those red-dots......that's not getting you your green card any faster.
>So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards
dude, i was being funny. which part of the smiley didn't you get?
why are you so scared :-D ..what happens if media watches the poll and how is this dirty linen ...it is a valid point ..and the main point is legal people have to wait for years and years to get the stupid card (and in the meanwhile keep on paying the lawyers fees) ..this is not dirty linen ...if you are not convinced then stay out of the way.
really I dont see any other options after the letter campaign ...unless some one else has a better idea !!
I have been resisting to get dragged into this, but I have to post! Not only are you incapable of understanding humor, but you are totally incompetent in understanding plain English.
I never wrote dirty linen is "writing the fact that we have to wait for years and years" or "having the poll" either. singhsa3 is trying his best to make a case that all of us who are "waiting for years and years" have the potential to buy houses, and therefore give us GCs. Dirty linen is when people like me and Pegasus503 offer our contrasting views (and get red-dotted by immature posters who cannot have a civil debate) AND the media thinks these IV folks are not even in agreement on this subject. This to me would be detrimental to singhsa3's efforts and thus I wrote let's not bicker/argue/wash dirty linen about whether we agree with singhsa3's idea or not.
As far as your advice "if you are not convinced then stay out of the way", take a cold shower, dude. I was the first to delete my post and asked others to do the same so this would benefit singhsa3's campaign. If your miniscule brain cannot fathom my posts, ignore them and help singhsa3 out instead. And yes, while you are growing up, do resist the urge to add those red-dots......that's not getting you your green card any faster.
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VIKAS1866
03-19 02:13 PM
Hi,
Any new development on FBI name check process? How can one address this issue?
Any new development on FBI name check process? How can one address this issue?
more...
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dhesha
03-16 03:06 PM
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
Similarly - LC SUB guys are getting into the middle of the line even though they came to US years after many of us who are already in pipe-line. This is even more pathetic.
Similarly - LC SUB guys are getting into the middle of the line even though they came to US years after many of us who are already in pipe-line. This is even more pathetic.
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belmontboy
01-16 03:38 PM
Every profession has its own set of problems, like ours.
In addition to issues at profession, we also carry the GC burden
As buddha said "desire is root of all evil". In pursuit of wealth, fame, good life!, we forget to live our life.
If you are looking for peaceful job in this current economic scenario, i don't think there is any.
I sometimes wish childhood had lasted my entire life.
In addition to issues at profession, we also carry the GC burden
As buddha said "desire is root of all evil". In pursuit of wealth, fame, good life!, we forget to live our life.
If you are looking for peaceful job in this current economic scenario, i don't think there is any.
I sometimes wish childhood had lasted my entire life.
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Macaca
06-11 02:46 PM
By having the GC, you are not an American.
If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right".
Who made this rule? White trash Matloff? or Slumdog Hira?
Guess what? Here is a new rule.
All US born D-O-N-K-E-Y-S - like you - holed up in Guild, WashTech, Bright Future Jobs, NumbersUSA, ... will be dumped in FATA, Pakistan.
If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right".
Who made this rule? White trash Matloff? or Slumdog Hira?
Guess what? Here is a new rule.
All US born D-O-N-K-E-Y-S - like you - holed up in Guild, WashTech, Bright Future Jobs, NumbersUSA, ... will be dumped in FATA, Pakistan.
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abhathakur
03-08 11:30 PM
The last time I managed to ping an admin assistant level person at the Records and Information Dissemination Section at FBI that is responsible for NNCP, she said the analysts were looking at the 2002/2003 files and this was when I called in November 2005 (No amount of cajoling or pleading or trickery would make her say a word beyond that, very intimidating the female!!!). I am not sure if the 2002/2003 was a reference to the receipt date or the priority date, my guess is it must have been the receipt date of the I-485 application.
Considering the receipt date of my application is in Nov., 2004...it is going to be a wait and the India EB-2 Visa availability in the interim for my PD can pretty much oscillate from being available to not and back and I'll still be waiting!!!
Anyway, it was good to know through a privacy act request to the FOIA division of the FBI that the index check in their central name check database produced no hits for me.....now if their NNCP bretheren would come to the same conclusion SOON, that would be something!!! By the way, I spoke with the FOIA liasion at the FBI and he did say that the NNCP department was in the process of making status inquiry possible again...dunno how long thats gonna take though!
On a different note, have made my second contribution to IV and have inspired an impacted friend to do the same and have exhorted others to make a contribution as well....my reason for aligning with IV, I like to fight the right fight not just because it is my fight right now.
Considering the receipt date of my application is in Nov., 2004...it is going to be a wait and the India EB-2 Visa availability in the interim for my PD can pretty much oscillate from being available to not and back and I'll still be waiting!!!
Anyway, it was good to know through a privacy act request to the FOIA division of the FBI that the index check in their central name check database produced no hits for me.....now if their NNCP bretheren would come to the same conclusion SOON, that would be something!!! By the way, I spoke with the FOIA liasion at the FBI and he did say that the NNCP department was in the process of making status inquiry possible again...dunno how long thats gonna take though!
On a different note, have made my second contribution to IV and have inspired an impacted friend to do the same and have exhorted others to make a contribution as well....my reason for aligning with IV, I like to fight the right fight not just because it is my fight right now.
more...
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gcseeker2002
03-20 07:56 PM
How do you know that the labour process has slowed down from Mar 01 2011 ? Any source for this info? Please share.
Yes I would also like to know where it says that Labor process is stalled from Mar 1st,as it is impacting my current decision.
Yes I would also like to know where it says that Labor process is stalled from Mar 1st,as it is impacting my current decision.
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kondur_007
04-09 06:22 PM
This is an "Ouch..." visa bulletin.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
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chanduv23
07-13 01:57 PM
A RALLY IS BEING ORGANIZED IN SAN JOSE TOMORROW. PLEASE CHANNELIZE ALL YOUR POSITIVE ENERGY IN ACCOMPLISHING THIS TASK.
DONT WASTE TIME ON NEGATIVE ENERGY.
http://immigrationvoice.org/forum/showthread.php?t=10086
DONT WASTE TIME ON NEGATIVE ENERGY.
http://immigrationvoice.org/forum/showthread.php?t=10086
sanju
11-11 05:37 PM
I am not sure what lobbying efforts would do for us, haven't worked so far...
You have been waiting for your GC approval. Have you gotten it yet? No. Everything you have done hasn't worked. Then why continue to wait for the GC? Lets leave.
You see what I am saying. I am merely using your argument to highlight the ignorance embedded in your post.
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
I repeat, as I have done so many times, asking others to work on your ideas (which you seem to think are original and your own) is common wisdom on these forums. Next time, try to come up with something original.
.
You have been waiting for your GC approval. Have you gotten it yet? No. Everything you have done hasn't worked. Then why continue to wait for the GC? Lets leave.
You see what I am saying. I am merely using your argument to highlight the ignorance embedded in your post.
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
I repeat, as I have done so many times, asking others to work on your ideas (which you seem to think are original and your own) is common wisdom on these forums. Next time, try to come up with something original.
.
cestmoi
01-11 11:46 PM
Am I blind or is part 2 missing one more option?
None of the options apply to me below as I will be applying for employment based Green Card as I have a L1A visa (unless I'm not supposed to be filling out i-485?)
a. An immigrant petition giving me an immediately available immigrant visa number has been approved (attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed...
b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children
c. I entered as a K-1 fiance(e) of a US citizen whom I married within 90 days of entry...
d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.
e. I am a native or citizen of Cuba admitted or paroled into the US after Jan 1, 1959...
f. I am the husband, wife or minor unmarried child of a Cuban described above in (e)....
g. I have continously resided in the US since before Jan 1, 1972
h. Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the US for 1 year...
None of the options apply to me below as I will be applying for employment based Green Card as I have a L1A visa (unless I'm not supposed to be filling out i-485?)
a. An immigrant petition giving me an immediately available immigrant visa number has been approved (attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed...
b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children
c. I entered as a K-1 fiance(e) of a US citizen whom I married within 90 days of entry...
d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.
e. I am a native or citizen of Cuba admitted or paroled into the US after Jan 1, 1959...
f. I am the husband, wife or minor unmarried child of a Cuban described above in (e)....
g. I have continously resided in the US since before Jan 1, 1972
h. Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the US for 1 year...
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