chanduv23
06-06 10:04 AM
Come on IV heros - you can do it. Lets push this thread on top
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JunRN
05-15 09:34 PM
Hi! I have some questions:
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
desi485
11-18 03:50 PM
We must also step forward and work towards resolving other things
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
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kumar1305
02-24 04:11 PM
Very coreect uma...you can forget career growth in India without a MBA degree.
I have MBA from an American university, do you think it's going to help me?
I have MBA from an American university, do you think it's going to help me?
more...
WillIBLucky
12-18 02:59 PM
I think you do have to change your ideas in this case. Its very simple we cannot do what you plan to do. Lobbying is the only way for us. Illegals did that because they did not anything to loose. We are not in that situation, GC would be nice to have else we can go home or another country and we can survive.
So instead of waisting our time in talking about this, we should try to add members and contribute. I know you are an active member but I am just telling.
first, I don't know what you mean by "Senior Member like you coming up with this idea". Seniority on this site I think is by how long the have been registered. Second, even if it means older members, what does age have to do with this idea?
I have already said that most IV members (clearly you are one) are opposed to this.
My thoughts happen to be different from yours, and I dont plan on changing my ideas anytime soon.
Of course for this to work there has to be a signficant number of participants, otherwise actually nothing is going to work. And even with significant participation, there are no guarantees: look at how many people called Sen Sessions, but still made no difference.
Last, dont you guys get vacation?? Who is talking abut losing money? If you are paid hourly then dont take part.
and if you dont agree you dont need me to tell you dont be a part of this.
But, as mentioned many, many, many times before, I am for this idea, or something that gets attention in a big way.
So instead of waisting our time in talking about this, we should try to add members and contribute. I know you are an active member but I am just telling.
first, I don't know what you mean by "Senior Member like you coming up with this idea". Seniority on this site I think is by how long the have been registered. Second, even if it means older members, what does age have to do with this idea?
I have already said that most IV members (clearly you are one) are opposed to this.
My thoughts happen to be different from yours, and I dont plan on changing my ideas anytime soon.
Of course for this to work there has to be a signficant number of participants, otherwise actually nothing is going to work. And even with significant participation, there are no guarantees: look at how many people called Sen Sessions, but still made no difference.
Last, dont you guys get vacation?? Who is talking abut losing money? If you are paid hourly then dont take part.
and if you dont agree you dont need me to tell you dont be a part of this.
But, as mentioned many, many, many times before, I am for this idea, or something that gets attention in a big way.
UKannan
03-03 04:37 PM
Everyone feel like giving up but none of us give up :)
more...
9years
12-02 09:02 AM
How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.
Robert Kumar,
Even though one wants to push too fast, I think there are certain duration one has to wait in each step before goes to the next step (this is just based on my knowledge and I may be wrong). It takes around 6 months minimum I think. Good luck for your process.
Robert Kumar,
Even though one wants to push too fast, I think there are certain duration one has to wait in each step before goes to the next step (this is just based on my knowledge and I may be wrong). It takes around 6 months minimum I think. Good luck for your process.
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chanduv23
08-13 07:11 AM
Most people here in this forum have no clue what is happening. We can keep on argueing that skilled immigrants add value, innovation etc... but do not understand how politicians think. Senator Schumer talks about products and innovations - he doees it because our opposition has lobbied successfully and convinced the politicians. Products and innvoations do not happen by one person but, they evolve. Most of the big products were not developed by one person, but were developed because of teams, implementations, exchange of ideas etc..... Everyone in the supply chain is very important. If there are restrictions just to satisfy anti immigrants and their beliefs, then it will harm competitiveness.
What is the point in having a bunch of managers when there is no one who is doing actual work?
Moving people from company to company - this is the best thing that can happen. Consultants are more exposed and are better skilled. I would rather prefer to hire someone who has a beautiful resume with different projects rather than selecting someone who as been at a single place for 10 years who has no clue how outside world looks. Thats why consultants are paid big money.
If our community does not realise what is going on with us then we suffer like this. It is high time that we realise what is going on.
Do not trust the Indian American community to help new immigrants. The Indian American community is a FAT community with a lot of money and will care least for new immigrants. In fact they may work against us because they would not like to make it easy for us to compete. Those who are suffering are on their own. The community must realise and come forward.
Do you have it in you? If yes, come forward today, build your community, make it stronger and lobby hard - there is a lot of hard work to be done
What is the point in having a bunch of managers when there is no one who is doing actual work?
Moving people from company to company - this is the best thing that can happen. Consultants are more exposed and are better skilled. I would rather prefer to hire someone who has a beautiful resume with different projects rather than selecting someone who as been at a single place for 10 years who has no clue how outside world looks. Thats why consultants are paid big money.
If our community does not realise what is going on with us then we suffer like this. It is high time that we realise what is going on.
Do not trust the Indian American community to help new immigrants. The Indian American community is a FAT community with a lot of money and will care least for new immigrants. In fact they may work against us because they would not like to make it easy for us to compete. Those who are suffering are on their own. The community must realise and come forward.
Do you have it in you? If yes, come forward today, build your community, make it stronger and lobby hard - there is a lot of hard work to be done
more...
conundrum
03-12 03:54 PM
As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.
I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.
I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.
I know I am out of the rat race, so if you think I am being patronizing, my apologies.
I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.
I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.
I know I am out of the rat race, so if you think I am being patronizing, my apologies.
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vinabath
07-20 03:21 PM
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.
No offence intended but cool off.
You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.
more...
kumhyd2
09-09 04:19 PM
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Totoro
05-02 01:41 PM
it is shame on IRS!! listen, everyone is paying tax. if we are able to file tax as couple with itin for the spouse, why are they not using the same approach for the stimulus package. Do they not aware of this section of h1b visa holders who are paying taxes and are not benefited. folks, some of you are in h1b and got your ead and ssn for your sponse are better off, there are folks who are still on h1b and spouse on h4 filed with itin is not eligible because i am not within in the <70k limit. this is ridiculus and shame for everyone who came up with the great idea of stimulating the economy and share our tax money to others and not with this disadvantage section of the people. it is absolutely shame for IRS or whoever came up with the super idea of not considering the folks who filed with ITIN. IRS listen, if anyone who is citizen, illegal or legal, if they pay tax, they are entitled to get this stimulus package.. it is really a shame on you whoever not recognized this affected section of people.
It is not the IRS's fault. They are just following the law. The IRS people are not very happy about this law either. It just makes their job that much more complicated.
One person you can thank for this is Lou Dobbs, who went off parroting the comments of FAIR.
http://firstfriday.wordpress.com/2008/01/30/congressional-republicans-to-lou-dobbs-youre-wrong-jerk-ok-we-added-the-jerk-bit/
It makes you wonder who is pulling the strings in Washington.
Again, if anyone is willing to share his or her story with the press, please contact me.
It is not the IRS's fault. They are just following the law. The IRS people are not very happy about this law either. It just makes their job that much more complicated.
One person you can thank for this is Lou Dobbs, who went off parroting the comments of FAIR.
http://firstfriday.wordpress.com/2008/01/30/congressional-republicans-to-lou-dobbs-youre-wrong-jerk-ok-we-added-the-jerk-bit/
It makes you wonder who is pulling the strings in Washington.
Again, if anyone is willing to share his or her story with the press, please contact me.
more...
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skv
06-20 10:38 AM
enough of america....:mad: :mad: :mad: I am moving to UAE.....two hrs journey to goa India....no Income Tax:p :p :)
Delays at DOL PERM Processing Center in Atlanta to End Soon!
Posted May 11, 2007
�MurthyDotCom
A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
�MurthyDotCom
Personnel Reassigned to H2B Cases
�MurthyDotCom
We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
�MurthyDotCom
Changes Expected in the Near Future
�MurthyDotCom
Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
Delays at DOL PERM Processing Center in Atlanta to End Soon!
Posted May 11, 2007
�MurthyDotCom
A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
�MurthyDotCom
Personnel Reassigned to H2B Cases
�MurthyDotCom
We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
�MurthyDotCom
Changes Expected in the Near Future
�MurthyDotCom
Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
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vayumahesh
10-29 10:48 AM
Hi 9Years,
Do you see any LUD update on your I-485 case ? I think when I-140 was approved and EB3 date got ported, USCIS may have touched the I-485 application.
Do you see any LUD update on your I-485 case ? I think when I-140 was approved and EB3 date got ported, USCIS may have touched the I-485 application.
more...
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nixstor
07-06 10:46 AM
looks like there main purpose was to deny us filing 485 application....i cannot believe they could go to such lengths to prevent high loads of work which they feared.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
I have reiterated this again and again. There is no way USCIS was going to accommodate all of us as per the original VB. We will form the biggest hump on the back of USCIS and it will probably 20 yrs for every one to come out of the system. Remember, how much math we did on how many years EB2 India /Eb3 india/china will take? Thats what they see as well. Why would they want so many applications backlogged. The only way they can disallow filings is by saying that there are no visa numbers available on day one. You have to have a visa number available at the time of 485 filing. They cleared out all the old PD's. Believe me, If the original bulletin was not current, they would have done the same in 90 days with some numbers gone waste. It was a bad situation for both agencies. I am not saying that they have not goofed up. they goofed up big time and I can clearly see the lack of communication on issue like this which effects so many people. We can use this as an opportunity to show case our root cause or we can use this in a detrimental way that will screw our nuts and bolts for 10 more years.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
I have reiterated this again and again. There is no way USCIS was going to accommodate all of us as per the original VB. We will form the biggest hump on the back of USCIS and it will probably 20 yrs for every one to come out of the system. Remember, how much math we did on how many years EB2 India /Eb3 india/china will take? Thats what they see as well. Why would they want so many applications backlogged. The only way they can disallow filings is by saying that there are no visa numbers available on day one. You have to have a visa number available at the time of 485 filing. They cleared out all the old PD's. Believe me, If the original bulletin was not current, they would have done the same in 90 days with some numbers gone waste. It was a bad situation for both agencies. I am not saying that they have not goofed up. they goofed up big time and I can clearly see the lack of communication on issue like this which effects so many people. We can use this as an opportunity to show case our root cause or we can use this in a detrimental way that will screw our nuts and bolts for 10 more years.
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ssk1127
08-23 07:20 PM
I am on the same boat, can anyone please clarify?
Mu thpoughts and assumptions. Might want tot talk to your attoney too
> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval
> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs
> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"
> You might want to check your application once too
thanks
satish
Mu thpoughts and assumptions. Might want tot talk to your attoney too
> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval
> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs
> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"
> You might want to check your application once too
thanks
satish
more...
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kaisersose
07-19 12:32 PM
Cases will be processed on RD only. However approval is based on PD.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
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n2b
09-10 08:50 AM
The greatness of USCIS is unbelievable!!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
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chintu25
03-09 10:42 AM
Good one ..itsnotfunny....but I will tell you that each one of us does wait with baited breath for the VB .
I am all for the FOIA drive and have promised some money as well. But lets just hope and pray that the VB brings some good news for some of us :)
I am all for the FOIA drive and have promised some money as well. But lets just hope and pray that the VB brings some good news for some of us :)
ragz4u
03-09 11:34 AM
I am assuming that will be the end result. It means they will not be counted against any VISA CAP.
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
deardar
09-14 12:13 PM
bumping!
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