ragz4u
02-21 01:10 PM
Her story is here (http://www.c-n.com/apps/pbcs.dll/article?AID=/20060205/NEWS/602050356)
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dineshksharma
07-13 02:13 PM
Definite. My journey was worth it, even considering all the diffiulties. In India, I had a flourshing practice and when I was planning to go to US, my friends will call be a "fool".
However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
In nutshell, YES, I did the right thing.
However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
In nutshell, YES, I did the right thing.
jthomas
05-31 01:46 AM
...
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coloniel60
08-20 06:39 PM
I wish you all the best. This kind of cheating from the employer hurts the most. I wish some immigration lawywer or ILA steps up and advises what employees can do in these kind of situations. I know labor substitution is legal but in this case the employer gave false hopes to the employee that he will sponsor his GC and that should be illegal and could be used as an excuse to sue the employer.
Most of us hesitate to hire lawyer to go after these sc** bag employers because we are scared of the lawyers as well. We don't know how much it will cost us and we don't know what the outcome will be. That's why it will be helpful if some reputed lawyer or ILA comes out and tell us what our options are when these kind of things happen.
But then employers and these lawyers go hand in hand so I doubt if one goes against the other. I wish atleast USCIS gives us some guidelines.
I bet that if we can successfully sue one cheating employer then we will see hundreds of similar cases and the employers will be scared to even think about doing this again.
Most of us hesitate to hire lawyer to go after these sc** bag employers because we are scared of the lawyers as well. We don't know how much it will cost us and we don't know what the outcome will be. That's why it will be helpful if some reputed lawyer or ILA comes out and tell us what our options are when these kind of things happen.
But then employers and these lawyers go hand in hand so I doubt if one goes against the other. I wish atleast USCIS gives us some guidelines.
I bet that if we can successfully sue one cheating employer then we will see hundreds of similar cases and the employers will be scared to even think about doing this again.
more...
Libra
07-03 10:25 AM
I thought to but now don't want to comment on your posting because you were already born confused:D
Ugh, I paid thousands to the lawyer over the years. And the medical was a ripoff. They better send me a free pass for 30 days at some nude bar with my green card or...I'll just have to go there anyways to celebrate:p
Ugh, I paid thousands to the lawyer over the years. And the medical was a ripoff. They better send me a free pass for 30 days at some nude bar with my green card or...I'll just have to go there anyways to celebrate:p
espoir
07-10 08:36 AM
Media is a double edge sword. Lets not jump or resort into these activities and hurt IV agenda. Media can spin things around and you will be aghast at what is reported and what the truth is. We are not completely done with flower campaign. In my opinion it has now gained momentum and we have to make sure media presents our cause in a right way. And that we get a positive coverage.
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gcwait2007
03-25 10:16 AM
I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.
In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.
Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.
In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.
Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.
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sats123
06-19 06:03 PM
I don't know if he is gonna mess it up if I file on my own. But Senthil has valid point that he should support if there is an RFE.
Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal
Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal
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JazzByTheBay
09-21 01:08 PM
Noticed you joined in September 2007, and this is your 5th post. Welcome to IV!
Were you present at the rally? I'm guessing you weren't.
IV represents high-skilled, educated, professionals - most of us don't expect to see major changes happen overnight. We do not expect the United States Congress, or the Senate, or the White House to fall in love with our cause instantly and issue us green cards by the weekend!
Nevertheless, the process of educating lawmakers, the media, and the country should continue.
The rally was just another step, albeit a significant one. It's symbolism isn't lost on anyone who attended. A significant number of meetings were held on lobby day.
cheers!
jazz
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Were you present at the rally? I'm guessing you weren't.
IV represents high-skilled, educated, professionals - most of us don't expect to see major changes happen overnight. We do not expect the United States Congress, or the Senate, or the White House to fall in love with our cause instantly and issue us green cards by the weekend!
Nevertheless, the process of educating lawmakers, the media, and the country should continue.
The rally was just another step, albeit a significant one. It's symbolism isn't lost on anyone who attended. A significant number of meetings were held on lobby day.
cheers!
jazz
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
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spindoctor
07-19 05:47 PM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
more...
gc_kaavaali
06-05 10:52 AM
I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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doggy
07-22 02:21 PM
This is un acceptable talk. Forum is to share - no one deny's it. ANTI or PRO - each can put their own thoughts...BUT not in the above said language
I hope we keep our dignity and self respect
Oh, the message was not intended for anybody. It was a way to prove that I'm not one of the Antis.
Sorry to offend you, or anybody else. I've removed it.
I hope we keep our dignity and self respect
Oh, the message was not intended for anybody. It was a way to prove that I'm not one of the Antis.
Sorry to offend you, or anybody else. I've removed it.
more...
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kart2007
05-17 12:52 PM
First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.
So I assume you told this to your neighbor who lives downstairs :D
So I assume you told this to your neighbor who lives downstairs :D
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anai
07-19 02:20 PM
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
more...
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bestin
02-04 05:52 PM
updated.sent 2 letters to iv and bush
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jsb
01-13 12:12 PM
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?...
Thanks,
Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.
Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?...
Thanks,
Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.
Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.
more...
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Madhuri
02-14 03:57 PM
Hi, our first set of APs are expired and we never renewed since we did not plan to go out of the US. Now we need to apply for new AP, is it possible to apply online or since w eMUSt apply by mail since we don't have a valid AP at present.
Anybody in similar situation? Can somebody PM the cover letter to me?
Thanks,
Madhuri
Anybody in similar situation? Can somebody PM the cover letter to me?
Thanks,
Madhuri
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chanduv23
08-11 09:17 PM
IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
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GCaspirations
09-19 12:18 PM
My 485 application was received by USCIS at Nebraska Center on July 06, 2007 per the tracking receipt. My attorney received the receipts intrestingly from California service Center with receipt date July 06, 2007. I received a transfer notice from California Service Center dated Sept 12, 2007, with receipt date as Sept 04, 2007. Also the check was cashed on Sept 06, 2007.
Should I worry about the receipt date on the transfer notice?
Would this delay my processing of 485?
Please advice.
Should I worry about the receipt date on the transfer notice?
Would this delay my processing of 485?
Please advice.
jonty_11
05-15 11:35 AM
I have been calling my state and other states too as I get time. I will do that for this Bill as well.
I think this one is critical in that it will get many folks out of the picture/queue.
I think this one is critical in that it will get many folks out of the picture/queue.
glus
06-20 07:24 AM
in short ,,they stop processing ur case once ur date rerogresses....!!!
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
