gc_buddy
10-28 08:14 PM
Dear Members,
This issue will hit everyone sooner or later especially in rough economic times that we currently have. Even if you do not plan to use AC21, due to current economic down turn..One might be forced to use AC21..
Let us start this campaign. Please DO send letters. As we also have IV support now, let us get a resolution for this issue with the help of IV leader ship..
This will help people who are already affected due to these denials and aviod denials for other people going forward.. Printing and mailing the letter will take only 10-15 mins of your time..This campaign will be a sucess only with support from every one.
Let us send the letters to USCIS...
This issue will hit everyone sooner or later especially in rough economic times that we currently have. Even if you do not plan to use AC21, due to current economic down turn..One might be forced to use AC21..
Let us start this campaign. Please DO send letters. As we also have IV support now, let us get a resolution for this issue with the help of IV leader ship..
This will help people who are already affected due to these denials and aviod denials for other people going forward.. Printing and mailing the letter will take only 10-15 mins of your time..This campaign will be a sucess only with support from every one.
Let us send the letters to USCIS...
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kshitijnt
07-13 02:30 PM
I pity Gonzales now, may be Chertoff called him up and said why on the earth is he responding to flower campaign? Or may be Walter Reed Soldiers refused to accept mourning flowers. LOL....
I smell something fishy... is it just me???
If that is a case then maybe Chertoff needs some flowers
I smell something fishy... is it just me???
If that is a case then maybe Chertoff needs some flowers
gtg506p
01-09 08:55 AM
I just contacted my senator's local office .working on the letters now .Thanks IV for coming up with this wonderful initiative..I hope our community gathers around and works together to make this a success , please put bickering and cynicism to rest for sometime and work pro actively on this new IV action item..
Thanks IV. I think this is much easier for hundreds of people to participate as its easy, doesent take up too much time etc. and brings about our points across as compared to DC rally (please dont get me wrong here it was great but difficult for lot of people to attend because of various reasons). So I think we should spread out word about this as much as possible. Again, please dont get me wrong. Thank you.
Thanks IV. I think this is much easier for hundreds of people to participate as its easy, doesent take up too much time etc. and brings about our points across as compared to DC rally (please dont get me wrong here it was great but difficult for lot of people to attend because of various reasons). So I think we should spread out word about this as much as possible. Again, please dont get me wrong. Thank you.
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sledge_hammer
07-09 08:50 PM
If I hadn't already spent $34 on sending flowers to USCIS, I would have definitely sent a "bon voyage" bouquet to you.
To anyone still thinking about sending flowers, do this woman a favor, and send her flowers instead!
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
To anyone still thinking about sending flowers, do this woman a favor, and send her flowers instead!
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
more...
desi3933
08-08 10:36 AM
Here's a very good recent example
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyId=13&articleId=9111963&intsrc=hm_topic
Point to be noted is that this case was not dismissed on merit, but that plaintiff's have not been able to prove significant damages resulting from the rule. A general 'dissatisfaction' with the rule ( for e.g. my wait times will increase if porting continues) doesnot translate into significant damages ( such as I'm losing the job). The merit of the case was never discussed!.
It would be interesting to see how many of the 'Yes' are going to remain 'Yes' when it comes to having their names on a lawsuit filed against USCIS (the whole list will be going to USCIS). It will be interesting to see how many of you stridently remaining anonymous on a (relatively) harmless public forum such as IV are going to come out in public to fight the USCIS. Good luck guys.
And happy nightmares whenver your cases get (not so) Soft LUDs. Is it because you joined the case? you never know.
Good luck once more
Good post!
Since GC is for the future job, any damage such as "I am losing current job" is legally immaterial and irrelevant.
____________________________
N-400 Oath Date on Aug 19th
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyId=13&articleId=9111963&intsrc=hm_topic
Point to be noted is that this case was not dismissed on merit, but that plaintiff's have not been able to prove significant damages resulting from the rule. A general 'dissatisfaction' with the rule ( for e.g. my wait times will increase if porting continues) doesnot translate into significant damages ( such as I'm losing the job). The merit of the case was never discussed!.
It would be interesting to see how many of the 'Yes' are going to remain 'Yes' when it comes to having their names on a lawsuit filed against USCIS (the whole list will be going to USCIS). It will be interesting to see how many of you stridently remaining anonymous on a (relatively) harmless public forum such as IV are going to come out in public to fight the USCIS. Good luck guys.
And happy nightmares whenver your cases get (not so) Soft LUDs. Is it because you joined the case? you never know.
Good luck once more
Good post!
Since GC is for the future job, any damage such as "I am losing current job" is legally immaterial and irrelevant.
____________________________
N-400 Oath Date on Aug 19th
amitjoey
06-25 12:42 PM
IV members have saved you a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing there personal paperwork and + lobbying.
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
more...
esivaa
01-03 10:39 AM
Hi,
My wife attented interview on dec14th at Chennai counslate.
She did not receive the passport yet.
My wife attented interview on dec14th at Chennai counslate.
She did not receive the passport yet.
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Sri_1975
08-26 10:12 AM
Only thing keeps me off vonage is they cancellation policy they comeup this lot of charges if i want to cancel.
I will wait for Lingo plan to jump in let me also send an email to Viatalk and see what they say.
I will wait for Lingo plan to jump in let me also send an email to Viatalk and see what they say.
more...
royus77
06-25 10:33 PM
I need some help from you guys..
What would be the answer for :
Were you inspected by Immigration officer under part # 3 on I-485 application?
I really appreciate your input..
Thanks,
Yes
What would be the answer for :
Were you inspected by Immigration officer under part # 3 on I-485 application?
I really appreciate your input..
Thanks,
Yes
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pappu
08-21 12:38 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
more...
elaiyam
06-26 09:48 AM
What if a person's I-94 has been expired and applied for I-129 extension? Will there be any problem applying in 485?
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acecupid
06-16 10:42 AM
Thanks for your reply.
what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.
Please suggest what he can do in this situation.
If anyone come across in this situation then please reply to my question.
Appericiate your help in advacne
The way I look at your story is that you want to get back at your company in some way. You were employed as L1 by your company all this while and you did not care about fraud at that time ? You were enjoying the benefits so you did not care. Now since your company is going to send you back to India anyways, you want to do everything possible to get them in trouble.
I dont support fraud in any way and I do think such companies should be punished. But you dont have my sympathy either since you think fraud is ok as long as you are benefitting from it.
what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.
Please suggest what he can do in this situation.
If anyone come across in this situation then please reply to my question.
Appericiate your help in advacne
The way I look at your story is that you want to get back at your company in some way. You were employed as L1 by your company all this while and you did not care about fraud at that time ? You were enjoying the benefits so you did not care. Now since your company is going to send you back to India anyways, you want to do everything possible to get them in trouble.
I dont support fraud in any way and I do think such companies should be punished. But you dont have my sympathy either since you think fraud is ok as long as you are benefitting from it.
more...
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Saralayar
01-15 10:35 AM
Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants
http://citizensbriefingbook.change.gov
Search for Citizenship also. It is posted in the Homeland Security and Foriegn Policy.
http://citizensbriefingbook.change.gov
Search for Citizenship also. It is posted in the Homeland Security and Foriegn Policy.
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roseball
09-25 12:41 AM
I concluded the same ( Though never posted that analysis :)) But It looks like we are missing a very critical point - we are assuming that " these pending numbers are the total 485 workload USCIS has" but I referred a different chart on USCIS board and it looks like there is a separte hoard of "preadjudicated" applications already sitting in a queue apart from these numbers. Please check on following link.
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=9&office=4&charttype=1)
The I-485 information in this chart includes the family based I-485s as well.
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=9&office=4&charttype=1)
The I-485 information in this chart includes the family based I-485s as well.
more...
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sve0390
07-09 06:35 PM
Is this for real???
Can you post a link here?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
Can you post a link here?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
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pranju
06-15 11:59 AM
yes you are correct .. but if you have them ( photocopy ) no harm in including .. just to show that u have maintained a legal status through out ..
any help in employment letter please
any help in employment letter please
more...
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snathan
04-01 09:34 AM
somebody please comment on this.
.:d
.:d
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whitecollarslave
04-10 04:38 PM
FYI...
Thank you for contacting the ACLU of Virginia. You recently wrote us concerning persons, who are lawfully present in the U.S., being denied employment opportunities on the basis of their lawful legal status. Please refer any person who is having this problem to the ACLU of Virginia.
Thank you for contacting the ACLU of Virginia. You recently wrote us concerning persons, who are lawfully present in the U.S., being denied employment opportunities on the basis of their lawful legal status. Please refer any person who is having this problem to the ACLU of Virginia.
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Raju
06-29 03:54 PM
Looks like we are heading towards a nail biting finish here:( :confused: :mad: :o :rolleyes: :eek:
chanduv23
06-18 11:00 AM
I am not on L1, neither do I work in the kind of an assignment which will come under the radar due to this - but have many friends on L1. Hence I think I may have a slightly more balanced and perhaps somewhat sobering POV on this.
Since I have many friends on L1 - I know pretty well how they are abused by their employers. Just the fact that you cant quit the employer enables some forms of abuse so subtle that they will not stand in any court of law. So I hope for the sake of people on L1, and to uphold the rule of law - that this abuse stops. If it does - their employers would be forced to bring them in H1 - which is far less prone to abuse due to the portability.
However, the current "run to the DOL/ICE" approach that you guys are taking may have repurcussions well beyond you had bargained for. Think of it from the POV of a client manager (lets take the example of, say, a goldman manager). He has his hands full of sucking up to his boss, playing the internal politics and in his spare time doing some work. 99% of them (even those who actually immigrated themselves) have no appetite to get into the details of immigration law. So, as soon as there is a backlash on this - their immediate response would be to take the safest route out and require Citizenship/GC for all positions.
As soon as that wave starts - many of us are going to get burnt. Many of us who have EAD, including yours truely, would probably be able to sneak through without too much of an issue (since it is illegal to discriminate against EADs) - however, many others who are not so fortunate would probably not fare so well. Most probably what will happen is that as soon as a recruiter sees brown skin and hears some trace of an accent - alerm bells would go off in the mind to check if this guy is GC holder or a citizen.
The enabler of the L1 abuse is the non-portability of these visas. We cant do much about that in the current environment. But going all gung ho in terms of enforcement right now -when there is a recession in full swing - may not be in the best interest of any of us.
The issue is that a lot of people on L1 come to US with an intent to *immigrate* permanantly and are not aware of the complexity inthe law. They think that they can wait it out by staying with their employer till the GC comes and thus are subject to exploitation.
So many people on l1 actually look for h1b jobs and move on towards working towards their citizenship.
While everyone want to immigrate to the US - which is the case with everyone - one also has to understand the law and work through the law - it is hard - but believe me folks - it is rewarding too.
Since I have many friends on L1 - I know pretty well how they are abused by their employers. Just the fact that you cant quit the employer enables some forms of abuse so subtle that they will not stand in any court of law. So I hope for the sake of people on L1, and to uphold the rule of law - that this abuse stops. If it does - their employers would be forced to bring them in H1 - which is far less prone to abuse due to the portability.
However, the current "run to the DOL/ICE" approach that you guys are taking may have repurcussions well beyond you had bargained for. Think of it from the POV of a client manager (lets take the example of, say, a goldman manager). He has his hands full of sucking up to his boss, playing the internal politics and in his spare time doing some work. 99% of them (even those who actually immigrated themselves) have no appetite to get into the details of immigration law. So, as soon as there is a backlash on this - their immediate response would be to take the safest route out and require Citizenship/GC for all positions.
As soon as that wave starts - many of us are going to get burnt. Many of us who have EAD, including yours truely, would probably be able to sneak through without too much of an issue (since it is illegal to discriminate against EADs) - however, many others who are not so fortunate would probably not fare so well. Most probably what will happen is that as soon as a recruiter sees brown skin and hears some trace of an accent - alerm bells would go off in the mind to check if this guy is GC holder or a citizen.
The enabler of the L1 abuse is the non-portability of these visas. We cant do much about that in the current environment. But going all gung ho in terms of enforcement right now -when there is a recession in full swing - may not be in the best interest of any of us.
The issue is that a lot of people on L1 come to US with an intent to *immigrate* permanantly and are not aware of the complexity inthe law. They think that they can wait it out by staying with their employer till the GC comes and thus are subject to exploitation.
So many people on l1 actually look for h1b jobs and move on towards working towards their citizenship.
While everyone want to immigrate to the US - which is the case with everyone - one also has to understand the law and work through the law - it is hard - but believe me folks - it is rewarding too.
Libra
07-09 10:06 PM
If she know the actual problem she wouldn't have said that, she has only half knowledge about the pain many of guys took. so its waste of time to responding to her post. ignore her.
Ms. Smitha nobody became voilent when you said India is great, ok? so cut it off stop visiting this forum so that you'll and others get some peace of mind.
I agree what you said but why the heck the USCIS make my life restless for 2 weeks. i spent 5000 dollors for nothing... that is what we are asking for not to go ahead of people with older priority dates
Ms. Smitha nobody became voilent when you said India is great, ok? so cut it off stop visiting this forum so that you'll and others get some peace of mind.
I agree what you said but why the heck the USCIS make my life restless for 2 weeks. i spent 5000 dollors for nothing... that is what we are asking for not to go ahead of people with older priority dates
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