wikipedia_fan
04-09 02:52 PM
Good information, thank you.
In fact it should be the other way around
Appeal - should have Fee
MTR must not have a fee
But we never wrote these laws nor were we kept in mind when these laws were written.
The only way all these things seem to move along is because of Immigration help community like IV and experienced lawyers who have interpreted these ambiguous laws.
At the end of the day it is all about Money, everyone has their piece of cake.
In fact it should be the other way around
Appeal - should have Fee
MTR must not have a fee
But we never wrote these laws nor were we kept in mind when these laws were written.
The only way all these things seem to move along is because of Immigration help community like IV and experienced lawyers who have interpreted these ambiguous laws.
At the end of the day it is all about Money, everyone has their piece of cake.
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myvoice23
07-20 07:27 AM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
saketkapur
11-21 04:25 PM
I-485s Not Tracked by Priority Date
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
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logiclife
03-21 12:28 PM
Thanks for doing that.
State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.
However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.
So go alone if there is no one else in your district to go with you.
State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.
However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.
So go alone if there is no one else in your district to go with you.
more...
jasmin45
08-21 10:21 AM
Office of Inspector General, they investigate all Labor Frauds
Who is this guy.. taken you for a ride? Would you mind dropping in his name and address here? as you are safe now working with another employer.
Who is this guy.. taken you for a ride? Would you mind dropping in his name and address here? as you are safe now working with another employer.
frustratedH4
07-02 03:18 PM
Medical Fees: $480
Attorney Fees: $1500
Photographs: $50
USCIS Fee: $1490
Attorney Fees: $1500
Photographs: $50
USCIS Fee: $1490
more...
small2006
07-02 04:17 PM
Medical = $600
UPS to attorney (2 batches) = $65
Attny fee = $3500 (me and my wife)
Filing Fee = $1490 (me and my wife)
Birth certificate = $100
Total = $5755
UPS to attorney (2 batches) = $65
Attny fee = $3500 (me and my wife)
Filing Fee = $1490 (me and my wife)
Birth certificate = $100
Total = $5755
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drona
07-26 03:42 PM
Aren't you worried about your fingerprints then? Just kidding! Couldn't resist! :)
more...
GCBy3000
07-28 09:00 AM
What is received date? What is delivered date? How come there are 6 days gap between those days? Even if you assume that the receiving guy took 6 days to lift his hand and receive, how come the received date is before the delivery date? So he received it even before it was delivered to him.
Boss,
He/she explained the actual thing later on at Murthy forum ....
#####
nisars
Member posted July 27, 2007 09:50 AM
--------------------------------------------------------------------------------
here are the answers...
Here are the answers...
When did you receive the receipt notice?
Yesterday from my Lawyer.
Did your checks get cleared?
I believe YES, required checks were issue from the law firm's account, No personal.
What was your receipt date on the notice?
Receipt Date is July 09th (I confirmed Online).
Thanks,
NisarS
######
Boss,
He/she explained the actual thing later on at Murthy forum ....
#####
nisars
Member posted July 27, 2007 09:50 AM
--------------------------------------------------------------------------------
here are the answers...
Here are the answers...
When did you receive the receipt notice?
Yesterday from my Lawyer.
Did your checks get cleared?
I believe YES, required checks were issue from the law firm's account, No personal.
What was your receipt date on the notice?
Receipt Date is July 09th (I confirmed Online).
Thanks,
NisarS
######
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mirage
03-11 05:23 PM
Probaby you didn't see the whole list...
From Your Petitioner:
� A copy of the petition with all supporting documents as filed to USCIS.
� A copy of the employment contract or letter of agreement signed by you and the petitioner.
� Petitioner�s Income Tax Return for the last two tax years and financial statements.
� A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
� State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
� A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
� A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
� A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
� A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
I find the requirements for H/L visa at Hyderabad quite legit.
Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.
Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.
As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).
What's wrong in asking these documents?
From Your Petitioner:
� A copy of the petition with all supporting documents as filed to USCIS.
� A copy of the employment contract or letter of agreement signed by you and the petitioner.
� Petitioner�s Income Tax Return for the last two tax years and financial statements.
� A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
� State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
� A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
� A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
� A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
� A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
I find the requirements for H/L visa at Hyderabad quite legit.
Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.
Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.
As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).
What's wrong in asking these documents?
more...
abhidos37
08-22 12:07 PM
The date was current from July 1 with my PD Aug 2005. I have my 140 approved already.
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bastati
07-04 04:22 PM
$6,200
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Guig0
02-11 07:06 AM
:!: we have a tie! :stunned:
Cool =)
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n_2006
05-22 03:53 PM
Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.
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jgh_res
08-11 09:14 AM
U have such a big signature but nothing abt contribution to IV. Have u contributed anything to IV? If not, how do u thinkIV can fight for whatever it is fighting?
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
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pitha
12-29 11:37 PM
Can you or somebody tell me the nature of RFE that was issued after invoking AC21. Was it related to semilar/same job category or ability to pay or educational qualification etc etc.
Omm,
n2b,
I have seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.
Thanks
Omm,
n2b,
I have seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.
Thanks
more...
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pooja_34
12-20 04:06 PM
I think we need an IV movement to fix the Indian Consulates - They are absolutely pathetic - Lets get our house in order before we try to fix the USCIS !!! Does anybody know what is the email address for Meera Shankar - Indian Ambassador to US. We need to bombard her with emails about how badly the Indian consulates in the US are run.
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swadeshi
08-30 09:25 PM
We can do better than this. Let's book tickets and fly to DC. We must participate in this event. Please take two days off and be in DC, and if you do not have enough vacation time, take one day off. Please contribute to this event.
We live in NJ and my husband was not ready to take a day off initially, I was going to come with friends and now after bugging him for days together I finally showed him this message about people flying in from CA and well he is motivated to come, he plans to work remotely on the 17th the lobby day, we are bringing some friends visiting from India too;)
We live in NJ and my husband was not ready to take a day off initially, I was going to come with friends and now after bugging him for days together I finally showed him this message about people flying in from CA and well he is motivated to come, he plans to work remotely on the 17th the lobby day, we are bringing some friends visiting from India too;)
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apatel_17
07-02 03:50 PM
Close to $1000 for my wife and me. (about $800 for medical, $50 for photos, rest in express mail, international phone calls and faxes, gas, etc.) I am not assigning any monetary value to the hours and hours of personal time this took...
employer is paying USCIS and attorney fees.
employer is paying USCIS and attorney fees.
tonyHK12
11-11 05:13 PM
Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.
I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.
Yes but empirical evidence points to the contrary - About 100 something donors out of 45000
Some persons have trust issues with sending money to IV.
Guys Immigration voice is a non-profit, and as core group mentioned in their video, people can be arrested for misusing funds. The annual reports for previous years are available.
Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)
In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.
Yes people need to learn that we are small in number and need everyone to support each others cause. Even 5 bucks a month from everyone is enough to achieve the dream - average lunch money. Sometimes I'm surprised we're dealing with high skilled immigrants here.
While almost everyone has been in a situation of spending hundreds of dollars in immigration fees. I paid $1000 6 months back for premium processing.
Some people have experienced old corruption in Indian politics and think things are the same here. I assure you its not.
So whats the next excuse going to be now? laziness or boredom?
I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.
Yes but empirical evidence points to the contrary - About 100 something donors out of 45000
Some persons have trust issues with sending money to IV.
Guys Immigration voice is a non-profit, and as core group mentioned in their video, people can be arrested for misusing funds. The annual reports for previous years are available.
Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)
In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.
Yes people need to learn that we are small in number and need everyone to support each others cause. Even 5 bucks a month from everyone is enough to achieve the dream - average lunch money. Sometimes I'm surprised we're dealing with high skilled immigrants here.
While almost everyone has been in a situation of spending hundreds of dollars in immigration fees. I paid $1000 6 months back for premium processing.
Some people have experienced old corruption in Indian politics and think things are the same here. I assure you its not.
So whats the next excuse going to be now? laziness or boredom?
gcdreamer05
02-11 10:45 AM
But, Mpadapa has some reality. That's what we are seeing in last 3 - 4 bulletins. A slow but steady movement.
Atleast with current movement we can plan in what period we can expect our case will clear.
But brother, there has been no movement in EB3, so based on what will we predict when our case will be clear...........
Atleast with current movement we can plan in what period we can expect our case will clear.
But brother, there has been no movement in EB3, so based on what will we predict when our case will be clear...........
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