Ramba
04-07 05:27 PM
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.
Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.
So all this is dino-dung. Stop wasting time at your desk and do something productive.
Let the red-dots rain.
As you mentioned it can be a rumor. Or, it may be a very rare isolated case. However, I would like to say few words for the inspection and admission process at POE. There may be a lot of regulation regarding denying admission at POE. Ultimatly, it is upto the IO at POE to follow it or not. 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. If they want to flex their muscles, they can do it and deny the admission to any one without proper reason. Even if you have a valid visa and other documents US admission is not always gurenteed. However, 99.9% it wont happen. If the unemployment rate continue like this, it will not be a unusual to hear these kind of stories. Bottom line is IO at POE and consular officers at embassy has tremondus power; it is not easy (or question their decision) to overcome their decision.
POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.
Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.
So all this is dino-dung. Stop wasting time at your desk and do something productive.
Let the red-dots rain.
As you mentioned it can be a rumor. Or, it may be a very rare isolated case. However, I would like to say few words for the inspection and admission process at POE. There may be a lot of regulation regarding denying admission at POE. Ultimatly, it is upto the IO at POE to follow it or not. 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. If they want to flex their muscles, they can do it and deny the admission to any one without proper reason. Even if you have a valid visa and other documents US admission is not always gurenteed. However, 99.9% it wont happen. If the unemployment rate continue like this, it will not be a unusual to hear these kind of stories. Bottom line is IO at POE and consular officers at embassy has tremondus power; it is not easy (or question their decision) to overcome their decision.
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perm2gc
01-10 06:04 PM
http://www.immigrationboards.com/viewtopic.php?p=70468#70468
zuhail
04-03 01:37 AM
Hello there,
Please contact me at fermion_boson@ymail.com if you are interested to take part in efforts to re-capture unused visa numbers for EB categories.
Let's do this NOW.
"To strive, to seek, to find, and not to yield" --Lord Tennyson in "Ulysses"
Please contact me at fermion_boson@ymail.com if you are interested to take part in efforts to re-capture unused visa numbers for EB categories.
Let's do this NOW.
"To strive, to seek, to find, and not to yield" --Lord Tennyson in "Ulysses"
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seeker999
08-11 03:11 PM
Based on the members in competeamerica . I honestly believe they will give a damn about GC. Simple reason is they will loose their reigns on us.
More practical is someone in IV EB3 talk to some lobbyist or politcians and figureout how to push this. Especially the ones in DC.
More practical is someone in IV EB3 talk to some lobbyist or politcians and figureout how to push this. Especially the ones in DC.
more...
Openarms
02-03 11:03 AM
This is the only strongest point we have ever had. So let us push or aks for help Obama administration.
If they can bring people based on merits( regardless of country ) to work they should do the same for green card. If not the system should be fair and strong.... not to open back doors for people to persuade to come to this country and be work like horse.
If they can bring people based on merits( regardless of country ) to work they should do the same for green card. If not the system should be fair and strong.... not to open back doors for people to persuade to come to this country and be work like horse.
rockstart
08-10 03:43 PM
10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement
more...
yabadaba
09-26 10:52 AM
People please also send your emails to
Brett LeVecchio
Communications Coordinator
212-522-0361
brett_levecchio@timeinc.com
Erin Clinton
Publicist
212-522-4071
Erin_Clinton@timeinc.com
they are the media contacts for fortune small business magazine
http://www.timeinc.net/fortune/information/presscenter/fsb/media_inquiries.html
Brett LeVecchio
Communications Coordinator
212-522-0361
brett_levecchio@timeinc.com
Erin Clinton
Publicist
212-522-4071
Erin_Clinton@timeinc.com
they are the media contacts for fortune small business magazine
http://www.timeinc.net/fortune/information/presscenter/fsb/media_inquiries.html
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am100
06-28 10:39 PM
Got approval emails yesterday.
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
more...
ajthakur
07-14 06:41 PM
You are correct. I joined the new employer on H1 B transfer. I didnt use AC21(ead)to work for my new employer.
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
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biomd
10-12 02:26 PM
PD Aug 2006
I 140 Filed in June 2007. Pending @ TSC
I 485 Filed on 10th Aug 2007
FP Notice received.
I 140 Filed in June 2007. Pending @ TSC
I 485 Filed on 10th Aug 2007
FP Notice received.
more...
485Mbe4001
06-08 11:57 AM
I would agree with the others that name check is a black hole. I had contacted congressman and senators during 'meet the lawmakers', but my contact at the congressmans office said that there is nothing that he can do to help me expediate the name check.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
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CSPAvictim
07-09 07:17 PM
I'm not sure I totally understand what you said, but
a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
b. However, June falls in the third quarter for which the limitation DOES apply.
c.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.
It'll be interesting to see how USCIS explains itself in court.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
b. However, June falls in the third quarter for which the limitation DOES apply.
c.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.
It'll be interesting to see how USCIS explains itself in court.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
more...
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rajuram
11-13 12:17 AM
Very good ideas (if some one in the core is listening...). When approaching Zoe, we just have to let her office know that by speeding up GC approvals, they will help the poor housing market. Trust me, they will listen.
We should do something like this ..
I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.
Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.
Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session
(1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.
(2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.
(3) Also we can have list of member of house and senate whom we can call.
(4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.
(5) IV core team can ask support from competeamerica and other group.
(6) Other members who are in media industry can make awareness in media about our case with housing crisis.
We should do something like this ..
I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.
Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.
Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session
(1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.
(2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.
(3) Also we can have list of member of house and senate whom we can call.
(4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.
(5) IV core team can ask support from competeamerica and other group.
(6) Other members who are in media industry can make awareness in media about our case with housing crisis.
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svr_76
02-18 08:57 PM
It will not cause backlog for the undocument. Check my previous posting on this thread. The bill states that aliens adjustment by DHS sec. using this bill will not affect from the numercial visa numbers. In short- No backlog for undocumented folks whereas per country quote of existing application India, China continues...
Anyways...who said ppl are wanting to fix the legal immi. problem here...Here the interest in more in the other category.
Anyways...who said ppl are wanting to fix the legal immi. problem here...Here the interest in more in the other category.
more...
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feedfront
10-07 12:25 PM
Hi feedfront,
Like I mentioned before they use FedEx and so they send it to a different address since FedEx does not deliver to PO Box. Unfortunately I have no control over what my attorneys use for mailing out the response. They say they use FedEx and mail to a courier address. There is no return receipt in FedEx.
Did you check your status online@USCIS? Is there any change? If they receive your RFE, it should change to 'Request for Evidence Response Review'. Ask your attorney to follow up w/ USCIS.
Like I mentioned before they use FedEx and so they send it to a different address since FedEx does not deliver to PO Box. Unfortunately I have no control over what my attorneys use for mailing out the response. They say they use FedEx and mail to a courier address. There is no return receipt in FedEx.
Did you check your status online@USCIS? Is there any change? If they receive your RFE, it should change to 'Request for Evidence Response Review'. Ask your attorney to follow up w/ USCIS.
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Norristown
09-11 08:41 AM
I am a great admirer of IV, because it is the only organization really working for legal immigrants.
Yesterday we are all watching TV,internet for Senate voting on HR5882. Nothing happened.
We are depending on other websites , to know about bill markup. All threads are filling up with all kind of guessing and speculation.
Don't we have any channel (lobbyists) to know whether it is marked up or not?
Yesterday we are all watching TV,internet for Senate voting on HR5882. Nothing happened.
We are depending on other websites , to know about bill markup. All threads are filling up with all kind of guessing and speculation.
Don't we have any channel (lobbyists) to know whether it is marked up or not?
more...
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prem_goel
07-12 08:15 PM
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!
So looking at the demand data used for determining Aug bulletin,
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
how far do you think it'll progress next month?
So looking at the demand data used for determining Aug bulletin,
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
how far do you think it'll progress next month?
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Ramba
07-04 09:15 PM
Rambha:
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
It is a really a good question. Unfortualtly no one going to pay back money, time. It is just a poor customer service. These are all the burdens we need to go thro, as a immigrants. We do not have much rights in a foreign land. I know, some guys sued INS for delaying 485 approval in early 2000. INS took more than 2 years to process 485 even it was not affercted by etrogression (entire 2 year PD was current). The law suit is not favorable to us.
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
It is a really a good question. Unfortualtly no one going to pay back money, time. It is just a poor customer service. These are all the burdens we need to go thro, as a immigrants. We do not have much rights in a foreign land. I know, some guys sued INS for delaying 485 approval in early 2000. INS took more than 2 years to process 485 even it was not affercted by etrogression (entire 2 year PD was current). The law suit is not favorable to us.
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gc_chahiye
12-21 01:04 AM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
correct. out of status != unlawful presence.
So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.
correct. out of status != unlawful presence.
So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.
eb3_2004
06-23 08:28 AM
I am filling I485 for my spouse..In part 2 of the application which option should i choose for spouse( a and b sound logical for spouse). please tell me which one to fill
spicy_guy
07-12 05:56 PM
:)Anything can be done without an attorney....the issue arises if USCIS or DOl comes back with a question. Best thing is to put in some money, pay an attorney and let them handle it.
Most of the immigration stuff is simple if everything is clean....but you never know.
Why pay for an attorney unless your case is complicated?
Its straightforward and you can do it on your own.
Again, if your case is a bit different and needs a lot of documentation, you would need an attorney.
Most of the immigration stuff is simple if everything is clean....but you never know.
Why pay for an attorney unless your case is complicated?
Its straightforward and you can do it on your own.
Again, if your case is a bit different and needs a lot of documentation, you would need an attorney.
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