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  • SunnySurya
    08-07 09:50 AM
    The moment I get sufficient number of people I am going all out.
    But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.

    Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.

    This goes on to show there is no community. If there is not community then I have to look after my interest.





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  • vikki76
    10-05 02:56 PM
    Hi vikki76, bpositive, dipika, caliguy, leoindiano:
    If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?
    Yes my case is pre-adjudicated and currently with a IO.My colleagues who had filed around same time as me got it in September itself.I am thinking that we are just bit unlucky in that our apps haven't been picked up yet (depending which batch they landed up in)





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  • sunsuri
    01-27 10:08 AM
    As I said before, I am never going to fly thru UK, even though I sill have a transit visa valid till Nov 2008. I can still feel the pain.

    Last time I had travelled by British Airways in 2004 and I have made a resoultion for never tavelling with them again. We had a baby 2 years old and he was cranky and my wife asked airhostess to clean the feeder and she refused, saying that 'Mam we don't do this!'. Point is that they don't treat us well even though they get lot of income on routes to India. Also, look at those crappy old planes they deploy on these routes. As someone else said in this thread that it is time for Indian Govt. to wake up and be stiff on such lapses. I am sure they will listen, as they can't afford to lose big bucks coming from India anymore.





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  • aristotle
    05-22 06:32 PM
    If you can restart ur app in Eb2, you should be fine dates wise. Unless CIR messes it up.

    Approximately 2 months for PERM and then you can file 140+485 concurrently.
    All the best!

    Company A applied for my GC in Oct 2002. I received I140 and left the company on good terms and joined company B. company A promised that when my date becomes current they will authorize my 485. Now that my date is current, the company A is saying they cannot give me an employment letter because they are not doing well financially. The company has not more than 3-4 employees and they had been suffering losses for last few years. Now even if they have good intentions for me, they are unable to file for me.

    What options do I have now? restart GC process with company B and utilize my priority date?

    Please help. For a day I was excited about my date getting current but after al there was no reason for me to be happy.

    thanks,
    Kapil



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  • camarasa
    07-10 01:19 AM
    Don't know if anyone noticed but Mr. Emilio's statement nowhere indicates any acknowledgement of the hardships caused by the fiasco. If he (and USCIS) knows about "flowers", I am sure USCIS knows about the scramble, hardships and frustration caused by the fiasco. A simple acknowledgement through something like " ....while we regret unintended consequences of following our internal procedures, we have made arrangements to forward the flowers to ..." would have demonstrated leadership or honesty of intent which I guess is in short supply

    I think he is trying to say if anybody needs flowers its our men in uniform and not us (USCIS). I hope I am wrong but thats my perspective. Have sent the flowers anyway ;)
    Two things quickly...

    1) He was probably advised by their lawyers not to mention anything about the visa bulletin for legal reasons.
    2) I didn't realize this until this evening when I mentioned the whole flower thing to my wife and she reminded me that government officials and agencies aren't meant to accept gifts from anyone. I believe this may have been considered a gift, or at least a grey area and perhaps they believed that discretion was the better part of valor.

    I work for a government department, not as a State employee but as a vendor, and they aren?t allowed to accept anything from us that may be construed as a gift. Even when we have our annual golf days, ours are paid for by the vendor company but the State is forced to pay for themselves.





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  • l1fraud
    06-14 07:55 PM
    The OP is great. He has created a new id to discuss L1 fraud. Will he be creating one id per issue... recapture, H1B abuse, outsourcing, backlogs?? wow!!!
    Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.

    In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.

    Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.

    Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).

    Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.

    We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.



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  • walking_dude
    01-10 02:18 PM
    If USCIS wants to do bad regulations, they will do it - with or without IV campaign for reform. What is the gaurantee that Michael Aytes will not issue a memo tommorrow restricting job movements further? They always keep doing that every now and then, on their own.

    Given the current volume of changes 350,000 apps, regulations are bound to change, one way or another. Whether you want it or not. If USCIS officers (not the top brass) feel overburdened with EAD/AP work they'll start issuing more, and more, random RFEs, NOIDs etc. to reduce their burden ( passing the burden to you). They also might introduce labor market and other restrictions to reduce the backlog by eliminating all AC21 users. What is stopping them from doing it on their own?

    Evading activity under the pretext of imaginary fears will not stop USCIS tommorrow if they decide to pass tough regulations. By requesting the 'right' changes, we are making sure 'wrong' changes don't happen. For that to happen we need to get involved in the decision-making process and influence the decisions in the right direction.





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  • shekhar10c
    06-29 07:48 PM
    [QUOTE=makemygc]well i courier-ed it to my attorney to be supposedly mail out by today but now that law firm is not even responding...so even if move my ass or move my other body parts ...its not going to change any darn thing....I know u must definitely be moving all the way from top to bottom...best of luck..[/QUOTE


    gud luck to u too!!!!



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  • stuck_here
    01-25 12:08 AM
    Ask your attorney to resolve this through AILA.

    I will try this.. but my company seems to like a 'wait-watch' approach regarding this.. :o





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  • pakrish
    08-17 10:54 AM
    I got my physical card yesterday but the last name is mis-spelled. What do I need to do and also has anyone experienced this? Also any thoughts on how long it will take to fix the name?

    Thx



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  • 485Mbe4001
    09-24 03:30 PM
    you are partially correct about this statement worldwide level = 140000 & EB3 = 28.6% of

    but there is another rules that screws us

    per country limit is 7% of the total, hence

    140,000 * 0.07 = 9800 per country limit
    9800/3 = 3266.66 per category if we assume that there are 3 categories. If we include EB4 & 5 the number is less than 3k per country. I think that this number is more accurate because most of the other blogs mention the fact that EB3 1 will get maximum of 3k per year if there is no spillover. My PD will be current if they set 5.5k per country for EB3 I, having been stuck in every step of this !@#!@ process i feel that the number will be around 2.8 (consular processing etc).


    I am not considering any spill over etc...

    here is what says on visa bulletin
    Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)

    The worldwide level for annual employment-based preference immigrants is at least 140,000.

    EMPLOYMENT-BASED PREFERENCES

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
    preferences, not more than 10,000 of which to "Other Workers".


    worldwide level = 140000
    EB3 = 28.6% of 140000

    can you please clarify ?





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  • WaitingForMyGC
    01-11 08:34 AM
    I am on a h1b currently. I changed empoyers in the US but the old stamp is still valid till semptember 2008. I has taken a visa date for jan30 in mumbai consulate and was going to fly back on feb9. Now planning to cancel the visa stamping because of the PIMS delays. I hope i am still valid to fly as i have a valid visa stamp and a new petition from current employer too which i can show at port of entry. Do let me know your views on the same and if there are any probable issues....


    You should be fine. You don't need to go for stamping if you are travelling before ur visa expiry.



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  • test12344321
    01-10 02:00 PM
    I am on a h1b currently. I changed empoyers in the US but the old stamp is still valid till semptember 2008. I has taken a visa date for jan30 in mumbai consulate and was going to fly back on feb9. Now planning to cancel the visa stamping because of the PIMS delays. I hope i am still valid to fly as i have a valid visa stamp and a new petition from current employer too which i can show at port of entry. Do let me know your views on the same and if there are any probable issues....





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  • mrsr
    06-27 10:26 PM
    What is the correct adress to send the I485 at nebraka center via fedex

    and how to assemble the i 485 and 765 packet



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  • chanduv23
    11-17 02:20 PM
    I don't have H1 backup and already in 8th year. I am on self employment, But my lawyer suggested to apply H1extension (through my company) as a backup if MTR denied. If MTR are successful they I don't have to go on through H1 hassle again..

    The glitch is - once you have started using EAD and you apply for h1 - you have to get it stamped before you can use it ie your h1 approval comes without a i 94 extension - the costs towards going out - getting visa appointment , stamping etc.... are to be considered, and remember stamping in Canada and Mexico is not easy these days.





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  • GotGC??
    05-17 11:25 AM
    Everything coming out of USCIS is a "I-797 Notice of Approval" :) and AP is no exception.

    I am far from getting one myself but have seen colleague's approvals - this is printed on the same form like the H1 approval. Whether you subsequently need a stamp on the passport I don't know.

    Hey Guys,
    Can you please tell me in what form you get your advance parole (AP)? Is it like a Visa stamp on your passport or is it a temperory card like the EAD?
    Thanks
    Lasantha



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  • vnsriv
    03-25 03:15 PM
    Please read this http://www.klaskolaw.com/library/files/desk_reference_-_employee_verification,_employer_sanctions.pdf

    The HR guy is ignorant and has no clue of serious implications of discrimimation

    Other link is http://www.uslaw.com/library/article/article_182.html you have to be a member.





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  • apnair2002
    01-24 07:56 PM
    This is not good news. We dont know what happens in the next few weeks. Immigration is not a very high priority for everybody. The closer we go to elections the more the chances for other issues to creep into schedule. I hope they will atleast attach unused VISA numbers to some bill and tackle the immigration beast when they intend to.
    --MC

    01/24/2006: AILA Reports Push-Back of Senate Comprehensive Immigration Reform Debate Schedules

    AILA reported last week that the Senate Judiciary Committee could start immigration reform debates as early as February 2, but now it reports that the Senate Committee action on immigration legislation may be pushed back until later in February or perhaps into March.
    There are a few immigration portals in the community that monitor and share opinions and news on the comprehensive immigration reform legislation. The following three sites are particularly helpful: www.immigrationvoice.org, www.isnamerica.org, www.immigrationportal.com.
    We will post the summary of the pending comprehensive immigration bills shortly. Please stay tuned





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  • hpandey
    08-07 02:39 PM
    I think we should concentrate on things which are beneficial for everyone - not only EB1-2 or 3 . We should get USCIS to improve efficiency, use all visas, get applications processed according to their PD and not randomly and above all do away with the country limits which is the biggest cause of this retrogression.

    When there are so many big issues pending I wonder why not concentrate on them instead.

    There are so many people from all EB categories whose I-140 has been pending for more than a year. Shouldn't that be a priority also because without an approved I-140 their GC will also not be approved even if they have a PD from 2001-2002.

    There are more important issues at hand here as I see it.





    CHHAYA
    05-16 07:15 AM
    Below are the list that I have from my lawyer to prepare my I-485 :

    1. for Evidence of status you need a Copy of Last Entry I-94
    non immigrant arrival/departure record, showing your admission
    to the US and current status. (Front and back, make sure the date is
    clear to see)

    2. To show that you are always in status while you are in US you will need
    Copies of all immigration related documents from USCIS
    (such as I-20, OPT, H1B, H4 approval notice, or other status)

    3. Copy of Birth Certificate
    (need translate & notarize if not in English)

    4. Copy of Marriage Certificate if you are married
    (need translate & notarize if not in English)

    5. Copy of Passport pages with non immigrant visa
    (including all passports you have used since the last entry you need to
    copy all the stamp you had on the passport. Again this is to show the
    last time your in you US and to make sure you are always in status)

    6. I-693 (Medical Exam)
    (You can dial 1-800-375-5283 to choose the physician list)
    you will required to show a proof that you have take MMR, Varicella, Tetanus and hepatitis B
    if you can't show any proof they will required you to take it on their office and it will cause you quite a lot money ( you can take
    the vaccine earlier on your family/ regular dr. office and could get covered by you insurance) it could save you $300 per person.
    the mandatory test you have to take at their office is tb test, blood test
    for HIV and syphilis and regular phisical test. once you have all vaccine
    and the mandatory test they should gave you the seal envelope to send to USCIS along with your other document and they will give you a copy as well.

    7. If you apply for your family member you will need
    I-134 (Affidavit of Support) stamp by Notary for each family member

    8. Employment Verification Letter
    Employement letter on the letter head of the petitioning employer
    which confirms that the job on which visa petition is based is still
    available to you. The letter must also state the salary that will be paid.

    9 . Photos (2*2 color front-view passport photos)
    *2 for each I-485, additional 2 for each I-131,
    additional 2 for each I-765

    10 Fee Payment made to USCIS (1 per applicant)
    $325 for each I-485 filing fee
    $70 for each Fingerprint fee
    $170 for each I-131 filing fee (if apply for Advance Parole)
    $180 for each I-765 filing fee (if apply for Employment Authorization) .

    Hope this list is help for those who is ready preparing their document.


    THANKS FOR ALL SUPPORT. I HAVE TWO KIDS 13 AND 14 YEARS. DO I NEED TO FILE I-765 FOR THEM?





    Libra
    07-10 08:00 PM
    sorry i was wrong.....i deleted my post delete yours too
    Is she done?



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