qualified_trash
10-06 07:42 PM
If he is going to start with new PERM. new I-140, he can port the old PD based on old I-140.
I disagree based on the following:
Accordingly, guidance in the June 19, 2001, memorandum provides that the labor
certification or approval of a Form I-140 employment-based (EB) immigrant petition shall
remain valid when an alien changes jobs, if:
(a) A Form I-485, Application to Adjust Status, on the basis of the EB
immigrant petition has been filed and remained unadjudicated for 180
days or more; and
(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.
note the "and" between (a) and (b) and note point (a) which states that a pending 485 is necessary for an alien to change jobs
this is from the USCIS website
http://www.uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
I disagree based on the following:
Accordingly, guidance in the June 19, 2001, memorandum provides that the labor
certification or approval of a Form I-140 employment-based (EB) immigrant petition shall
remain valid when an alien changes jobs, if:
(a) A Form I-485, Application to Adjust Status, on the basis of the EB
immigrant petition has been filed and remained unadjudicated for 180
days or more; and
(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.
note the "and" between (a) and (b) and note point (a) which states that a pending 485 is necessary for an alien to change jobs
this is from the USCIS website
http://www.uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
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gc_in_30_yrs
02-13 04:02 PM
hi,
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
bkarnik
08-30 08:43 AM
Ombudsman:
Get your facts straight. "Undocumented" does not mean a person who has "lost" his documents....it means a person about whom there is no record (i.e. documentation) at the USCIS/Dept. of State. A legal immigrant would not become out of status just because he lost his documents or they were destroyed in a flood or fire because there are typically copies and records available at the employer, the IRS, the Social Security Administration and the USCIS. A person who has all his documents would still be classified as illegal if he or she overstays their visa.
Anyways....please do not try to hijack this thread in a different direction than what is intended. After a series of hearing by the strongly enforcement only leaning house questioning each and every aspect of the CIR with negative connotations, finally, there is a hearing organized by Senator John Cornyn, who was instrumental in getting the SKIL bill included in the CIR focusing on something positive and fairly non-controversial in the CIR/SKIL/PACE bills and that directly affects all of us legal, documented, high skilled immigrants.
SO, to bring the thread back to its original intended path...Are there any members in the Dallas or nearby areas who would be interested in attending the hearing, please contact himanshu at immigrationvoice.org The hearing is scheduled for tomorrow.
BKarnik.
Get your facts straight. "Undocumented" does not mean a person who has "lost" his documents....it means a person about whom there is no record (i.e. documentation) at the USCIS/Dept. of State. A legal immigrant would not become out of status just because he lost his documents or they were destroyed in a flood or fire because there are typically copies and records available at the employer, the IRS, the Social Security Administration and the USCIS. A person who has all his documents would still be classified as illegal if he or she overstays their visa.
Anyways....please do not try to hijack this thread in a different direction than what is intended. After a series of hearing by the strongly enforcement only leaning house questioning each and every aspect of the CIR with negative connotations, finally, there is a hearing organized by Senator John Cornyn, who was instrumental in getting the SKIL bill included in the CIR focusing on something positive and fairly non-controversial in the CIR/SKIL/PACE bills and that directly affects all of us legal, documented, high skilled immigrants.
SO, to bring the thread back to its original intended path...Are there any members in the Dallas or nearby areas who would be interested in attending the hearing, please contact himanshu at immigrationvoice.org The hearing is scheduled for tomorrow.
BKarnik.
2011 Poems Graphic – Miss You
hopein07
02-08 03:15 PM
IVs strategists must look into a diplomatic angle to come up with mechanisms to fight retro which I think IV is currently doing and is on the track.[/QUOTE]
------------------------------------
If President Bush believes that EB reform is in the National interest of US then it will be done.
For example the nuclear deal with India was pushed hard by Bush and inspite of all opposition by Non-Proliferation lobby the Congress overwhelmingly approved it just because it was perceived to be in the US national interest. Even though it completely undermined US position vis-a-vis Iran and North Korea, President Bush successfully convinced Congress to not only change domestic laws but literally forced the entire Nuclear Supplier Group consisting of 15 nations to bypass all international rules and norms just to make an exception for India�s case. All this was done just because it was in the US national interest and India�s too.
Bottomline:
Is EB Green Card reform in US National Interest?
Is Hi-tech labor export in India�s National Interest?
If the answer to the above two questions is Yes then anything can be achieved. Politics can create strange bedfellows and nothing is impossible in politics as proven by the nuclear deal.
Just a thought!!!!
------------------------------------
If President Bush believes that EB reform is in the National interest of US then it will be done.
For example the nuclear deal with India was pushed hard by Bush and inspite of all opposition by Non-Proliferation lobby the Congress overwhelmingly approved it just because it was perceived to be in the US national interest. Even though it completely undermined US position vis-a-vis Iran and North Korea, President Bush successfully convinced Congress to not only change domestic laws but literally forced the entire Nuclear Supplier Group consisting of 15 nations to bypass all international rules and norms just to make an exception for India�s case. All this was done just because it was in the US national interest and India�s too.
Bottomline:
Is EB Green Card reform in US National Interest?
Is Hi-tech labor export in India�s National Interest?
If the answer to the above two questions is Yes then anything can be achieved. Politics can create strange bedfellows and nothing is impossible in politics as proven by the nuclear deal.
Just a thought!!!!
more...
vinicola78
11-04 02:17 PM
I am also trying to stay afloat through the very debatable AC21 process. Currently, my case is being handled by Ron Gotcher and I have been very happy with all the help and support so far. Not to mention, they are really reasonable.
Life2Live
07-12 02:53 PM
One of my friend got EAD 2 year back even though his priority date was not came. Ofcourse this was even b4 this mess created USCIS. He was still using his H1 till couple months back, he is afraid of USCIS may roll back his EAD since PD is not yet reached.
I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.
I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....
Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D
I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.
I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....
Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D
more...
rdhanwada
09-24 06:23 PM
I got an update via CRIS
UPDATE: On August 5, 2008, we transferred this case to our NORFOLK, VA location for additional processing.
My current status: My case was filed as EB2 and the PD is Mar2006, so I am current for another 6 days (Oct 2006 is retrogressing to 2003).
I have talked to several of my friends and they said this update means an interview is in the works.
Do you guys agree?
If so, I had questions based on that. Me and my wife were planning to travel to India this December.
1) Will I still be getting an interview since my case is not going to be current starting OCT 2008?
2) In case we should expect an interview, should we wait till we finish the interview?
Any input would be appreciated.
-Raj
UPDATE: On August 5, 2008, we transferred this case to our NORFOLK, VA location for additional processing.
My current status: My case was filed as EB2 and the PD is Mar2006, so I am current for another 6 days (Oct 2006 is retrogressing to 2003).
I have talked to several of my friends and they said this update means an interview is in the works.
Do you guys agree?
If so, I had questions based on that. Me and my wife were planning to travel to India this December.
1) Will I still be getting an interview since my case is not going to be current starting OCT 2008?
2) In case we should expect an interview, should we wait till we finish the interview?
Any input would be appreciated.
-Raj
2010 Miss You Friendship Cards - I
sammas
07-09 11:15 AM
Got it. Thanks for the clarification. You might be right but I am not sure.
more...
willwin
04-13 02:12 PM
IV community is noting but you and me. IV is a friend. IV is there to help people.
Folks - one must also realize that talking to administration and getting things dione costs a lot of money through advocacy and IV needs a lot of money.
So please be generous enough to contribute to IV - we need a lot of funds in these times when we really needs help
I am not sure how many are there in a similar situation like me. I am pursuing CP and with CP one does not get EAD/AP. In today's economy, it is a nightmare not to have the protection of EAD.
Is there anyway IV can help people in CP queue? Issuing EAD for those CP filers who are already in the US on work VISA - is that even a possibility? I know it is not possible today. The underlying H1B can even be revoked upon issuing EAD. I am not sure about the number of beneficiaries should something like this happen.
Any thoughts?
Folks - one must also realize that talking to administration and getting things dione costs a lot of money through advocacy and IV needs a lot of money.
So please be generous enough to contribute to IV - we need a lot of funds in these times when we really needs help
I am not sure how many are there in a similar situation like me. I am pursuing CP and with CP one does not get EAD/AP. In today's economy, it is a nightmare not to have the protection of EAD.
Is there anyway IV can help people in CP queue? Issuing EAD for those CP filers who are already in the US on work VISA - is that even a possibility? I know it is not possible today. The underlying H1B can even be revoked upon issuing EAD. I am not sure about the number of beneficiaries should something like this happen.
Any thoughts?
hair with missing you poem
sweet23guyin
02-07 03:54 PM
Man, you are so crazy about opening so many threads for the same topic. You cannot force people to send letters. And by this time those who wants to send letters had already sent to WH and IV. Give us some break. I come to IV site to get some information on immigration issues and what I get are 'n' numbers of threads for same issue. ---- ADMIN FIX.......
These are the active threads I found on the front. Let put our energy on different things and get move to other issue, other than sending letters. If you want to be moderator or something else in IV contact PAPPU directly.
http://immigrationvoice.org/forum/showthread.php?t=17160
http://immigrationvoice.org/forum/showthread.php?t=17158
http://immigrationvoice.org/forum/showthread.php?t=17157
http://immigrationvoice.org/forum/showthread.php?t=17159
http://immigrationvoice.org/forum/showthread.php?t=16595
Grow up buddy, don't be a cry babby.
We all know why U and me visit the site, Information. And in the process if you find any thing not so important to you, just ignore and move on...did this thread of asking to send letters made other threads invisible?
Just to piss u off, i am requesting again to all the folks to send letters.
These are the active threads I found on the front. Let put our energy on different things and get move to other issue, other than sending letters. If you want to be moderator or something else in IV contact PAPPU directly.
http://immigrationvoice.org/forum/showthread.php?t=17160
http://immigrationvoice.org/forum/showthread.php?t=17158
http://immigrationvoice.org/forum/showthread.php?t=17157
http://immigrationvoice.org/forum/showthread.php?t=17159
http://immigrationvoice.org/forum/showthread.php?t=16595
Grow up buddy, don't be a cry babby.
We all know why U and me visit the site, Information. And in the process if you find any thing not so important to you, just ignore and move on...did this thread of asking to send letters made other threads invisible?
Just to piss u off, i am requesting again to all the folks to send letters.
more...
rkanth12
08-26 11:07 AM
Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.
Agree with you. It is sad.
Agree with you. It is sad.
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americandesi
11-12 07:10 PM
You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.
Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.
Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.
Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.
Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.
Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
more...
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apsaravanan72
09-01 10:18 AM
My current EAD got expired by 08/27/2010 and I filed my extn by 07/06/2010. My check has got cashed by USCIS with in a week period of time. So I thought would get my EAD asap. But it didnt. Since my EAD extn filed to Nebraska Service center, called them on 1-800 and spoke with one of their representatives to expedit the process. I got a reply back from USCIS that they will expedit the process and the result should notifiy by within 30days.
I already in LOP, I dont know how long the process will take..? If anyone knows how could I do better, please let me know the details.
NOTE: Seems my priority date is also became current (Mar-30-2006). Would it cause for the delay..? Will they provide EAD and GC simeltaneously...? or Will I get EAD alon..? or will I get GC...?
I already in LOP, I dont know how long the process will take..? If anyone knows how could I do better, please let me know the details.
NOTE: Seems my priority date is also became current (Mar-30-2006). Would it cause for the delay..? Will they provide EAD and GC simeltaneously...? or Will I get EAD alon..? or will I get GC...?
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485Mbe4001
01-26 05:41 PM
1. What is the use of a non-paying member?
-- probably when we need to send out the webfaxes.
What is lost if a non-paying member leaves?[/QUOTE]
a group of 8000 members always has more power than a group of 200 members..
I did not follow the I-485 filing debate; it was sickening. I made a one time contribution. I don't think I am included in the 220 count. I think there are very few members who have made a one time payment recently and are not included in 220.
I think, the count 220 includes only recurring payments that started this month. Some persons paid before this count started.
The only useful thing we can do is to work on contributions. It is hard to figure out reasons why persons are not paying. I think it will be useful if we guess all possible reasons and work on all of them.
We should not insult any non-paying member or anyone for that matter. I still want to know
1. What is the use of a non-paying member?
2. What is lost if a non-paying member leaves?
-- probably when we need to send out the webfaxes.
What is lost if a non-paying member leaves?[/QUOTE]
a group of 8000 members always has more power than a group of 200 members..
I did not follow the I-485 filing debate; it was sickening. I made a one time contribution. I don't think I am included in the 220 count. I think there are very few members who have made a one time payment recently and are not included in 220.
I think, the count 220 includes only recurring payments that started this month. Some persons paid before this count started.
The only useful thing we can do is to work on contributions. It is hard to figure out reasons why persons are not paying. I think it will be useful if we guess all possible reasons and work on all of them.
We should not insult any non-paying member or anyone for that matter. I still want to know
1. What is the use of a non-paying member?
2. What is lost if a non-paying member leaves?
more...
pictures Miss You.
pappu
05-31 01:43 PM
I have been banned too - simply because I raised the cause of international students and IV's duplicity in its stance, and that makes some GC-greedy members paranoid. :D
If this thread is about exposing people who have been banned, then so be it. We will reveal the details that we do not normally do. You have repeatedly used offensive language and several of your posts have been deleted in the past. If you want IV to focus on student's cause, then you will need to work on that effort. IV can offer a platform. You continue to post hateful messages against IV. IV is a platform and if you want to do something get students together on a platform, we will guide you. Just like we are helping people stuck in Perm Audits these days. But it is upto people who are stuck to take up the challenge and not expect someone else to do it for them and they will simply come to the site and pass judgments.
Just to give an example of one of of the emails you wrote to us when we sent you the newsletter about DC rally:
From:
"Siddharth Mishra" <mishra.siddharth@gmail.com>
SCREW U MOTHERFUCKERS, STAND UP FOR ALL INCLUDING THOSE WHO DIDN'T GET AN H-1 OR GO FUCK UR PRIVILEGED ASSES.MAY U NEVER SEE A GREEN CARD.FUCK U!
Now tell us why we should not take action against you?
If this thread is about exposing people who have been banned, then so be it. We will reveal the details that we do not normally do. You have repeatedly used offensive language and several of your posts have been deleted in the past. If you want IV to focus on student's cause, then you will need to work on that effort. IV can offer a platform. You continue to post hateful messages against IV. IV is a platform and if you want to do something get students together on a platform, we will guide you. Just like we are helping people stuck in Perm Audits these days. But it is upto people who are stuck to take up the challenge and not expect someone else to do it for them and they will simply come to the site and pass judgments.
Just to give an example of one of of the emails you wrote to us when we sent you the newsletter about DC rally:
From:
"Siddharth Mishra" <mishra.siddharth@gmail.com>
SCREW U MOTHERFUCKERS, STAND UP FOR ALL INCLUDING THOSE WHO DIDN'T GET AN H-1 OR GO FUCK UR PRIVILEGED ASSES.MAY U NEVER SEE A GREEN CARD.FUCK U!
Now tell us why we should not take action against you?
dresses /poems-graphic-i-miss-you/
LostInGCProcess
10-07 11:00 AM
Truly a tragic incident. There is no excuse, what so ever, to take someones life and to commit suicide. No matter what the hardship, it has to be faced and move forward. Indians are too emotional and take it so personal and worry more about what others think.
more...
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rpat1968
09-22 10:38 PM
you are a resident of AZ so contact senator or congressman for Az.
Hello Folks,
My employer is based out of New Jersey, But I am currently working at a client location in Arizona. I have opened an SR recently & I also want to inquire through congressman.
My question is in which state should I have to contact the congressman - NJ or AZ ? Or it doesn't matter. Please help.
EB-2, TSC, Priority Date 12/2004
I-140 approved
I-485 filed Aug '07
RD: 08/13/2007
ND: 10/13/2007
Hello Folks,
My employer is based out of New Jersey, But I am currently working at a client location in Arizona. I have opened an SR recently & I also want to inquire through congressman.
My question is in which state should I have to contact the congressman - NJ or AZ ? Or it doesn't matter. Please help.
EB-2, TSC, Priority Date 12/2004
I-140 approved
I-485 filed Aug '07
RD: 08/13/2007
ND: 10/13/2007
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virens
09-26 01:05 PM
Hi,
I got an email saying "we mailed the document to the applicant" and it says the same thing on my uscis protfolio.
I would like to know if this means the case was approved or is it some other document being sent.
When they approved my EAD, it clearly said "Approval notice sent".
I got an email saying "we mailed the document to the applicant" and it says the same thing on my uscis protfolio.
I would like to know if this means the case was approved or is it some other document being sent.
When they approved my EAD, it clearly said "Approval notice sent".
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efzuniga
08-26 09:47 PM
Same happened to us. The checks were cashed and we have even received the appointment notices for biometrics. My lawyer told me that there have been several cases lake this one. He is going to submit proof of the checks being cashed and copy of the notices to the USCIS.
jatinr
09-21 05:51 PM
Had applied on July 19th , receipt date of July 20th.
I never received any receipt notice and today I received transfer notice
WAC....
Receipt date Sep 14th 2007
Notice Date Sep 17th 2007.
Does it mean I lost the original receipt date of July 20th which should have been ideally my receipt date.
I never received any receipt notice and today I received transfer notice
WAC....
Receipt date Sep 14th 2007
Notice Date Sep 17th 2007.
Does it mean I lost the original receipt date of July 20th which should have been ideally my receipt date.
bb20078
10-04 10:07 AM
I e-filed my AP recently.
I then sent my supporting documents to the address they gave. The interesting thing is that they actually give in the address - e-filed 1-131. This presumably passed the intial mailroom stuff.
I also got my receipt number instantly and the notice is mailed to me. It can also be tracked online.
Now I wait to see whether e-filing is quicker or not. Maybe not, the only thing I can say is that I got my receipt !
I then sent my supporting documents to the address they gave. The interesting thing is that they actually give in the address - e-filed 1-131. This presumably passed the intial mailroom stuff.
I also got my receipt number instantly and the notice is mailed to me. It can also be tracked online.
Now I wait to see whether e-filing is quicker or not. Maybe not, the only thing I can say is that I got my receipt !
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