Lasantha
07-06 07:25 PM
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
OK, that sounds VERY FISHY to me. Now how on earth did they know that the packet contained an I-485 application in order to refuse accepting it. It could have been an I-140. The norm we have seen up to now is that USCIS did accept everything that was delivered on the 2nd. Wheather they will keep it or return it is another matter.
Now it seems to me that your attorney is playing with you. Quite possibly he didn't send it.
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
OK, that sounds VERY FISHY to me. Now how on earth did they know that the packet contained an I-485 application in order to refuse accepting it. It could have been an I-140. The norm we have seen up to now is that USCIS did accept everything that was delivered on the 2nd. Wheather they will keep it or return it is another matter.
Now it seems to me that your attorney is playing with you. Quite possibly he didn't send it.
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indianabacklog
12-10 08:50 AM
This sort of response is not surprising at all to me. I sent individual emails to at least twenty members from my state to try and galvanize some action and did not receive one single reply.
There are four of us who seem to be keen to try to get something moving but that seems to be a bit lame when we can only muster four people from an entire state.
There are four of us who seem to be keen to try to get something moving but that seems to be a bit lame when we can only muster four people from an entire state.
dtekkedil
09-20 11:20 AM
they were not formed at the last moment in most cases
what makes you think people participate in those? from personal experience
in the MN chapter, it's hard to even get replies to e mails, forget meetings etc. of late though i'm glad to say the MN chapter has really beugun to pick up again.
ask the tri state guys how much effort they put locally- meetings- fliers- phone calls, all by a handful of volunteers. so all this is good in theory and yes it takes time. but the apathy (even hostility) that was encountered was frightening. ask chanduv23 someday what the tri state guys went through...
We had similar experiences in New England too!
Not to mention cases where people that promised to come didn't show up. In two cases, we had people who didn't even answer their phone calls or reply to voicemails while we were waiting to pick them up from the pickup points! That is just unforgivable! One of these "people" were supposed to be part of our Lobby team!
what makes you think people participate in those? from personal experience
in the MN chapter, it's hard to even get replies to e mails, forget meetings etc. of late though i'm glad to say the MN chapter has really beugun to pick up again.
ask the tri state guys how much effort they put locally- meetings- fliers- phone calls, all by a handful of volunteers. so all this is good in theory and yes it takes time. but the apathy (even hostility) that was encountered was frightening. ask chanduv23 someday what the tri state guys went through...
We had similar experiences in New England too!
Not to mention cases where people that promised to come didn't show up. In two cases, we had people who didn't even answer their phone calls or reply to voicemails while we were waiting to pick them up from the pickup points! That is just unforgivable! One of these "people" were supposed to be part of our Lobby team!
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judemit
07-20 02:40 PM
Q: Can an employer cancel H-1B visa without employee�s knowledge/consent?
A: Yes and remember it is illegal to travel on a cancelled visa.
Could you provide more information/links about the same if you have any...
Thanks in advance,
Jude
A: Yes and remember it is illegal to travel on a cancelled visa.
Could you provide more information/links about the same if you have any...
Thanks in advance,
Jude
more...
mheggade
07-17 02:10 PM
My suggestion would be.
If your PD is After Jan 2004, you better get started and look for a position in EB2. If your PD is before Jan 2004, you wait and watch until end of this year and then make a informed decision. But in the long run , it makes lot of sense to be in EB2 if your job requirement is eligible for it.
Also take a look at the trend of the PERM processing. as per 2007 stats 40% of the cases got struck in audit process.
If your PD is After Jan 2004, you better get started and look for a position in EB2. If your PD is before Jan 2004, you wait and watch until end of this year and then make a informed decision. But in the long run , it makes lot of sense to be in EB2 if your job requirement is eligible for it.
Also take a look at the trend of the PERM processing. as per 2007 stats 40% of the cases got struck in audit process.
unitednations
03-24 05:05 PM
Your argument is that the country quotas help limit nepotism and discrimination based on national origin. However, this is already prohibited under DOL rules if you look at form ETA-750A. Therefore, if this is happening, it means there is a failure in the labor certification system to prevent this type of discrimination. Also, nepotism is not all bad as the Clintons and Bushes have been demonstrating :D.
The country quota owes its origin and sustenance to deep national insecurities around race. It will change eventually as the makeup of the nation changes over time. In the short term we will see movement as the UK bumps up against the 7% limit.
Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.
The country quota owes its origin and sustenance to deep national insecurities around race. It will change eventually as the makeup of the nation changes over time. In the short term we will see movement as the UK bumps up against the 7% limit.
Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.
more...
waiting4gc
07-17 07:45 PM
If you think there's only dimiwitted folks here, need I remind you that you are posting here too.
Anyways, mistakes are made and can be corrected. Name calling doesn't achieve anything.
Shows you the general herd mentality on this forum. As long as everyone is thinking the same way, everything is great. If you differ, everyone will call for a ban on you. They are all lemmings. Unfortunately, I had to come to this forum for news. I have never seen such a bunch of dimwitted people in one place...
Anyways, mistakes are made and can be corrected. Name calling doesn't achieve anything.
Shows you the general herd mentality on this forum. As long as everyone is thinking the same way, everything is great. If you differ, everyone will call for a ban on you. They are all lemmings. Unfortunately, I had to come to this forum for news. I have never seen such a bunch of dimwitted people in one place...
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stucklabor
03-17 08:35 PM
Appu, what abt labor cert? Does this advanced degree-holder still have to go thru labor cert? If yes, then the person with advanced degree but no experience has no advantage.
Here's the summary from Sen Frist's website:
So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.
Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.
Here's the summary from Sen Frist's website:
So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.
Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.
more...
sundevil
05-31 04:51 PM
Me too! :confused:
From http://www.parlipro.org/table.htm definitions it does not seem that bad to lay on the table. Seems to indicate that it can be taken up for vote and establishes a priority over newer motions(amendments in our case). May be I need a law degree to understand this.:eek:
I am confused. it is very contradicting.
From http://www.parlipro.org/table.htm definitions it does not seem that bad to lay on the table. Seems to indicate that it can be taken up for vote and establishes a priority over newer motions(amendments in our case). May be I need a law degree to understand this.:eek:
I am confused. it is very contradicting.
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gapala
03-20 08:42 PM
I guess nuthing :)
Check this post # 9
http://immigrationvoice.org/forum/showthread.php?t=24470&highlight=transfer
And answer this may be I can learn something from you :)
[COLOR="DarkRed"]
So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the EMP B's petition is approved I lose the approved peition with EMP A ??? COLOR]
In case you missed it, I did answer your question, read the other thread you will find it and I do not want to say "sure you have a lot to learn" not only from me but from others as well on this forum. Lets learn together through these discussions. :)
Check this post # 9
http://immigrationvoice.org/forum/showthread.php?t=24470&highlight=transfer
And answer this may be I can learn something from you :)
[COLOR="DarkRed"]
So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the EMP B's petition is approved I lose the approved peition with EMP A ??? COLOR]
In case you missed it, I did answer your question, read the other thread you will find it and I do not want to say "sure you have a lot to learn" not only from me but from others as well on this forum. Lets learn together through these discussions. :)
more...
swarnapuri
06-26 12:48 PM
There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?
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prince_charming
12-08 07:38 PM
Thanks to all the moral support given by Chandvu,Pd Recapturing and all others.
With all your wishes and almighty blessings today I got MTR approval and I485 into reopen status.
My earlier employer revoked I 140 in Sept 08 . Applied MTR in OCT and got MTR approval and 485 reopened notification today.
However online still not updated - may be site is still down.
Thanks again.
- Ram
Hi Ram,
My attorney also filed for MTR on October and i am still waiting for my MTR results.
Thanks for update and good luck for future.
May i ask which service center your I-485 was?
With all your wishes and almighty blessings today I got MTR approval and I485 into reopen status.
My earlier employer revoked I 140 in Sept 08 . Applied MTR in OCT and got MTR approval and 485 reopened notification today.
However online still not updated - may be site is still down.
Thanks again.
- Ram
Hi Ram,
My attorney also filed for MTR on October and i am still waiting for my MTR results.
Thanks for update and good luck for future.
May i ask which service center your I-485 was?
more...
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cessua
06-14 01:48 PM
This seems to be a very good site with stats on approvals.
http://www.immigrationwatch.com/
http://www.immigrationwatch.com/
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Almond
07-05 11:04 AM
Guys, temper your expectations. Cust Service Rep at USCIS are not trained to answer the questions that pertain to things like visa bulletin's effective date and whether or not they will accept the ones or reject the ones on July 2.
Cust Service Rep is for general information for those who cant or wont use the USCIS website and other sources of information on the internet. Or for those who dont speak English.
Cust Service is not intended to provide complex answers. Last I heard, even the Vermont service center folks didnt know about bulletin revision and they were turning down 3-year extension requests for H1 visas thinking that the bulletin is current until confronted by lawyers who said that bulletin is unavailable and now there is reason to give out 3 year extensions instead of 1 year extensions.
If Vermont service center was unaware of visa bulletin revision, then what do you expect from a Cust Service Rep who is trained to answer questions that cover information that can be fit in 20 pages ??????
Well, I'd like to hear one say 'we don't know, please keep checking for updates on our website or check back later with us".
Anyways, is there a number for the Nebraska center specifically or is the general USCIS number the only one that we can call for information?
Cust Service Rep is for general information for those who cant or wont use the USCIS website and other sources of information on the internet. Or for those who dont speak English.
Cust Service is not intended to provide complex answers. Last I heard, even the Vermont service center folks didnt know about bulletin revision and they were turning down 3-year extension requests for H1 visas thinking that the bulletin is current until confronted by lawyers who said that bulletin is unavailable and now there is reason to give out 3 year extensions instead of 1 year extensions.
If Vermont service center was unaware of visa bulletin revision, then what do you expect from a Cust Service Rep who is trained to answer questions that cover information that can be fit in 20 pages ??????
Well, I'd like to hear one say 'we don't know, please keep checking for updates on our website or check back later with us".
Anyways, is there a number for the Nebraska center specifically or is the general USCIS number the only one that we can call for information?
more...
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willgetgc2005
06-30 07:00 PM
I am really concerned. Employers will lobby for increase in H1-B.
Well, at least most of them. If it comes to either H1-B or GC, they will obviously opt for H1-B increase.
So, if in the last minute, only H1-B is increased and not GC (Anything can happen behind closed doors negotiations) we will have more H1-B with the GC dream and suffering like us.
I think our Web fax should categorically state that we support Only GC related provisions in the skill bill. Else, at least, I plan not to sign the petition.
We don�t want to be supporting a cause outside of ours that will eventually indirectly
affect us. It will also affect many starry eyed new H1-Bs chasing their ever elusive GC dream. Haven�t we all had enough.
Excellent Point. Its defenitely not in any of the employer's interest to worry about EB issues. Infact they prefer people being in H1. and I certainly do not want to support that. There are good chances that congress increase H1 quota and we end up supporting the wrong cause. As far as IV is concerned, I would even go to the extent of saying that we should not support H1 causes, as there are enough candidates in H1 here undergoing EB problems. Thanks for bringing out an excellent point regarding this bill. My opinion is, if EB issues are not stressed properly, this bill will be viewed as "INCREASE FOR H1B BILL".. my 2 cents.
Well, at least most of them. If it comes to either H1-B or GC, they will obviously opt for H1-B increase.
So, if in the last minute, only H1-B is increased and not GC (Anything can happen behind closed doors negotiations) we will have more H1-B with the GC dream and suffering like us.
I think our Web fax should categorically state that we support Only GC related provisions in the skill bill. Else, at least, I plan not to sign the petition.
We don�t want to be supporting a cause outside of ours that will eventually indirectly
affect us. It will also affect many starry eyed new H1-Bs chasing their ever elusive GC dream. Haven�t we all had enough.
Excellent Point. Its defenitely not in any of the employer's interest to worry about EB issues. Infact they prefer people being in H1. and I certainly do not want to support that. There are good chances that congress increase H1 quota and we end up supporting the wrong cause. As far as IV is concerned, I would even go to the extent of saying that we should not support H1 causes, as there are enough candidates in H1 here undergoing EB problems. Thanks for bringing out an excellent point regarding this bill. My opinion is, if EB issues are not stressed properly, this bill will be viewed as "INCREASE FOR H1B BILL".. my 2 cents.
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qvadis
03-20 08:33 PM
The visa office's interpretation is correct and if you read 202 (a) (5) it clearly says that the country limits should be ignored for unused visa numbers.
Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?
I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.
I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories.
But it also doesn't say the opposite.
In 202 (a) (5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.
It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.
Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.
Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?
I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.
I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories.
But it also doesn't say the opposite.
In 202 (a) (5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.
It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.
Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.
more...
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LostInGCProcess
10-21 01:06 AM
Finally, I got the PIO card. It did not take long after sending a $20.00 MO, I got the PIO card in about a months time. The total time it took me was about 2 and 1/2 months...although they claim the processing time would be at the max. 45 business days.
The PIO card looks pathetic. Its hand written and the passport like book looks too cheap. Crap looking PIO card.
I saw the new PIO processing fee, includes the return postage, which is a good thing. No more calls to anybody asking to send again the postage fee...seems to me the Govt. of India, plugged this little hole.
The PIO card looks pathetic. Its hand written and the passport like book looks too cheap. Crap looking PIO card.
I saw the new PIO processing fee, includes the return postage, which is a good thing. No more calls to anybody asking to send again the postage fee...seems to me the Govt. of India, plugged this little hole.
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vdlrao
07-15 04:51 PM
I dont think it is 9,800 each. I think it is 9,800 combined - 7% of 140K. To that extent the 21500 number in my earlier post stands revised down to 17,700.
It shouldnt cross 7% of 140k which is equal to 9,800 for each category. Not combined.
It shouldnt cross 7% of 140k which is equal to 9,800 for each category. Not combined.
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Totoro
05-05 06:37 AM
I receive the standard IRS letter regarding stimulus rebate.
I took this letter and went to SSA office to apply for a SSN for my wife.
Point number 3 in ss-5 clearly says .....
"If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S. State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your reason qualifies.
If you check "Other," you must provide a document from the U.S. government agency that explains why you need a Social Security number and that you meet all of the requirements for a Federal benefit except for the number."
I believe that IRS letter should be treated as a sufficient reason for need of SSN. BUT THEY DIDN'T ENTERTAIN ANY OF THE FACTS AND DECLINED TO ACCEPT APPLICATION FOR SSN.
They cannot refuse to accept your application. Fill in the forms and send them in. They can deny your application and then you can appeal. If they refuse to accept the application, you have two options. You can contact your congressman and complain. You can file a discrimination complaint with the SSA ombudsman. Here is the discrimination form.
https://ssa.gov/online/ssa-437.pdf
Finally, if you believe you have been denied your rights because you are an immigrant, you can contact your local ACLU and ask them to represent your case. As a last resort, you can file a lawsuit at the federal district court. The filing fee for this is $350. However, I hope we are all doing this to exercise our rights rather than for the money. At least that is my motivation.
In my case, the first time I called, the person hung up on me. But I did not give up. I got them to accept the application and it is currently under reconsideration. I was also able to get a response from the Regional Office. So far they have not addressed any of the points I made in the original case as described in the OP. I expect they will continue to ignore their own laws and regulations, until I appeal this to an administrative judge, who will make a legal ruling.
BTW: All this costs you nothing but your time.
I took this letter and went to SSA office to apply for a SSN for my wife.
Point number 3 in ss-5 clearly says .....
"If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S. State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your reason qualifies.
If you check "Other," you must provide a document from the U.S. government agency that explains why you need a Social Security number and that you meet all of the requirements for a Federal benefit except for the number."
I believe that IRS letter should be treated as a sufficient reason for need of SSN. BUT THEY DIDN'T ENTERTAIN ANY OF THE FACTS AND DECLINED TO ACCEPT APPLICATION FOR SSN.
They cannot refuse to accept your application. Fill in the forms and send them in. They can deny your application and then you can appeal. If they refuse to accept the application, you have two options. You can contact your congressman and complain. You can file a discrimination complaint with the SSA ombudsman. Here is the discrimination form.
https://ssa.gov/online/ssa-437.pdf
Finally, if you believe you have been denied your rights because you are an immigrant, you can contact your local ACLU and ask them to represent your case. As a last resort, you can file a lawsuit at the federal district court. The filing fee for this is $350. However, I hope we are all doing this to exercise our rights rather than for the money. At least that is my motivation.
In my case, the first time I called, the person hung up on me. But I did not give up. I got them to accept the application and it is currently under reconsideration. I was also able to get a response from the Regional Office. So far they have not addressed any of the points I made in the original case as described in the OP. I expect they will continue to ignore their own laws and regulations, until I appeal this to an administrative judge, who will make a legal ruling.
BTW: All this costs you nothing but your time.
newgcor
07-19 12:15 PM
My employer filed my I140 on June 20th 2007. But they have not received the receipt notivce till date. it has been more than 4 weeks.
What should I do to get the receipt notice from USCIS?. Can we file 485 with a covering letter ststing my 140 receipt notice has not been received for more than 4 or 5 weeks.. Please help me..
What should I do to get the receipt notice from USCIS?. Can we file 485 with a covering letter ststing my 140 receipt notice has not been received for more than 4 or 5 weeks.. Please help me..
gc28262
12-10 03:28 PM
Friends,
I was one among the people not attented the Plano meeting.I had to attend a very important family meet on that day. But, I didn't inform Niloufer about this.I am Sorry,Niloufer.
I also spread the message of Plano meeting by pasting flyers in Irving India stores. I was ready to attend alongwith my family. But, for the last minute unavoidable family meet. I became helpless.
Today,I convinced my friend EJSR to contribute $100 towards Omnibus fund drive.
I am sorry.
Keep going IV
This is something a texas IV aspiring member has to go through. I am sure Amma was the participant of one of the successful lawmaker meetings. There is something wrong here when IV is so harsh on a contributing member like Amma.
I was one among the people not attented the Plano meeting.I had to attend a very important family meet on that day. But, I didn't inform Niloufer about this.I am Sorry,Niloufer.
I also spread the message of Plano meeting by pasting flyers in Irving India stores. I was ready to attend alongwith my family. But, for the last minute unavoidable family meet. I became helpless.
Today,I convinced my friend EJSR to contribute $100 towards Omnibus fund drive.
I am sorry.
Keep going IV
This is something a texas IV aspiring member has to go through. I am sure Amma was the participant of one of the successful lawmaker meetings. There is something wrong here when IV is so harsh on a contributing member like Amma.
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