needhelp!
11-24 08:19 PM
Join your state chapter and DO something for yourself.
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svam77
07-19 02:21 PM
And SOA, if urs is not a labor substitution, u better send another i 140 application along with ur i 485 as concurrent filing. No harm in doing it and u will be safe side.
test101
07-06 07:24 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!!!!!!!............
it seems that it was delievered late july 2nd for USCIS to refuse accepting yor package. From what you wrote it seems the package has been returned without opening !!!
sorry again about your news.
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!!!!!!!............
it seems that it was delievered late july 2nd for USCIS to refuse accepting yor package. From what you wrote it seems the package has been returned without opening !!!
sorry again about your news.
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sam2006
09-23 10:22 AM
thank you for all the efforts Franklin
more...
elliptic
05-11 06:17 PM
I tried to apply for the SSN for my wife and my child about 6 weeks ago.
As expected, the officer refused even to accept the application ("H4 don't get
SSNs"). I would have submitted the application by mail, but this is not
possible since I have to show my passport to prove that I am legaly in the
country. I insisted that I have a legal reason to apply and even if she thinks
this is not a legal reason, they have to accept the application.
The head of the local office finally accepted the applications. I was told
that the regional office thinks that the Stimulus Payment is not a federal benefit.
One week later the application was declined. The reason given was
that "the SSA doesn't issue SSNs for tax purposes." I had included with
my application a cover letter with the relevant parts of the law and why I
think the SSA should issue the SSNs.
I will now ask for reconsideration. If the SSNs are still declined, I am not sure
about the legal process. Normally, there are two more levels before
a social security case goes to court. One can ask for reconsideration
by an administrative law judge. I think this doesn't cost anything for me,
but I am not sure if this also applies to cases like applying for SSNs.
(Usually it is about the payment of benefits.)
There seems to exist something like a legal definition of federal benefits
(see Wikipedia). I am not sure if the Stimulus Payment would satisfy
this definition and if this definition is the one used in the social security act.
To bring the case to court is quite useless since when the case is decided,
it is to late. One needs the SSN in 2008.
As expected, the officer refused even to accept the application ("H4 don't get
SSNs"). I would have submitted the application by mail, but this is not
possible since I have to show my passport to prove that I am legaly in the
country. I insisted that I have a legal reason to apply and even if she thinks
this is not a legal reason, they have to accept the application.
The head of the local office finally accepted the applications. I was told
that the regional office thinks that the Stimulus Payment is not a federal benefit.
One week later the application was declined. The reason given was
that "the SSA doesn't issue SSNs for tax purposes." I had included with
my application a cover letter with the relevant parts of the law and why I
think the SSA should issue the SSNs.
I will now ask for reconsideration. If the SSNs are still declined, I am not sure
about the legal process. Normally, there are two more levels before
a social security case goes to court. One can ask for reconsideration
by an administrative law judge. I think this doesn't cost anything for me,
but I am not sure if this also applies to cases like applying for SSNs.
(Usually it is about the payment of benefits.)
There seems to exist something like a legal definition of federal benefits
(see Wikipedia). I am not sure if the Stimulus Payment would satisfy
this definition and if this definition is the one used in the social security act.
To bring the case to court is quite useless since when the case is decided,
it is to late. One needs the SSN in 2008.
pa_arora
03-05 12:14 AM
on another thought...even if we pay them and get the work done...how do we know they give us the right figures. remember we are dealing with USCIS here. ;-)
more...
vicks_don
06-26 10:29 AM
I applied end of March online at TSC. If they are approving within a month I would have got approval long back and not today. It is not coincidental they are approving so that they can give 1 year renewal.
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hydboy77
02-13 05:55 PM
You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
-making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.
I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
-making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.
I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
more...
kc_p21
12-10 03:31 PM
Why don't you shut up? along with Logiclife?
Bill O' Rielly does it too. And he is a successful professional. So I guess it is ok to ask someone to shut up.
Bill O' Rielly does it too. And he is a successful professional. So I guess it is ok to ask someone to shut up.
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psaxena
06-01 04:52 PM
Seems to me , either you are paid by AF to defend them here or you are one of those who like pizza than roti. The moment these things happen to you , you will be shouting on top of your lungs but when it happens with your fellow countrymen you can't empathize.. are you so insensitive or just like to be French.
The 2 things I like about france is a french kiss and having a french kiss with a french chick
I find your quote to be insulting to a large group of persons, some of whom could be potential members of IV. If anyone had made such a comment about Telgu-speakers or Punjabi-speakers, there would be outrage.
Last I checked, this was not supposed to be desi-centric forum.
The 2 things I like about france is a french kiss and having a french kiss with a french chick
I find your quote to be insulting to a large group of persons, some of whom could be potential members of IV. If anyone had made such a comment about Telgu-speakers or Punjabi-speakers, there would be outrage.
Last I checked, this was not supposed to be desi-centric forum.
more...
nrakkati
03-24 10:43 PM
I-797 validity dates determine employment authorization.
Belle is incorrect, IMHO.
_______________________
Not a legal advice.
US citizen of Indian origin
Update...
I am going with attorney. Attorney has just asked me to send all H1Bs, EADs, W2s and Tax Returns. Attorney is working on it.
Thank you
Belle is incorrect, IMHO.
_______________________
Not a legal advice.
US citizen of Indian origin
Update...
I am going with attorney. Attorney has just asked me to send all H1Bs, EADs, W2s and Tax Returns. Attorney is working on it.
Thank you
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sunny1000
09-22 11:32 PM
I guess the cat is out of the bag. Yes, I got my greencard a few weeks ago. Yes, my PD is early 2004.
There are 2 current theories why:-
1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.
I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.
First of all, congrats and hope you celebrated with Champagne! :):) I appreciate your dedication to this cause. I am sure others do too...
There are 2 current theories why:-
1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.
I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.
First of all, congrats and hope you celebrated with Champagne! :):) I appreciate your dedication to this cause. I am sure others do too...
more...
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cygent
06-24 04:05 PM
I asked his stance on the bills, she told me he is still considering them, needs to understand them better, etc. I mentioned I am from IV & I support the 3 bills, she replied "Yes, we got lot of calls & I already:) know the bill #'s you are supporting" :o
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nb_des
07-17 04:01 PM
This is all happening because of labor substitution. I don't think there are that many people from 2001 and 2002 still continuing with same position. But now since labor is getting cleared from backlog companies use it substitute to other candiadtes and priority date never moves forward.
Why cannot they just terminate labor substitutuion. It is really unfair to those who are waiting in line.
Why cannot they just terminate labor substitutuion. It is really unfair to those who are waiting in line.
more...
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billu
08-08 05:13 PM
[QUOTE Really need a lion's heart to pursue US GC now days[/QUOTE]
USCIS should keep a condition -a stress test-before starting GC application to make sure one has a strong heart....and a warning: people with weak hearts wont b able to make it.......
USCIS should keep a condition -a stress test-before starting GC application to make sure one has a strong heart....and a warning: people with weak hearts wont b able to make it.......
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rameshavula
12-01 10:07 AM
SmSm,
Good to know you are pursuing a part time MBA. For people stuck inthe GC dilemma, further education is really a good oiption.
For folks around Philadelphia, if you are looking for a good part time programs, Wharton Business school is offering evening programs (Certificate) for Working Professionals. For me it was really a good experience doing the program.
http://www.wharton.upenn.edu/academics/certificate/
Ramesh
The basic idea behind this approach is to channel all the negative energy into something positive.
Here is what me and my wife are doing. When the retrogression first hit us in 2005 January we were both devastated even more so because one my friend and his wife, with same the same priority date as ours and similar EB3 RIR got the Green Card on 24 Dec 2004. We would not have been so frustrated if they had the priority date even a month or so before us. But some are just lucky I guess. Coming back to what we are doing. My wife started her masters and finished in May this year. She could have finished in December but we were really banking on the CIR in May so she took more courses and finished it faster. Well that did not happen so whats next. So now I will be starting school again for second Masters this time MBA from one of the top10 B schools in January 2007. Ideally I wanted to do Full Time because its shorter duration as compared to part time but GC God (I wish there was one like that so that I can do the "Nariyal Pooja" or "Mundan" or "Abhishek") had otherr wishes so I have now switched from full time to part time. Lets see if my part time MBA of 4 years wins the race or Green Card wins the racce against time.
Moral of the story. Channelize your energy into something positive and get masters or second for that matter, or learn a new language, enroll in classes to learn languages that run for 6 months at community classees by the time you get your GC you will know atleast a dozen languages.
Lage Raho GC Bhai....
Good to know you are pursuing a part time MBA. For people stuck inthe GC dilemma, further education is really a good oiption.
For folks around Philadelphia, if you are looking for a good part time programs, Wharton Business school is offering evening programs (Certificate) for Working Professionals. For me it was really a good experience doing the program.
http://www.wharton.upenn.edu/academics/certificate/
Ramesh
The basic idea behind this approach is to channel all the negative energy into something positive.
Here is what me and my wife are doing. When the retrogression first hit us in 2005 January we were both devastated even more so because one my friend and his wife, with same the same priority date as ours and similar EB3 RIR got the Green Card on 24 Dec 2004. We would not have been so frustrated if they had the priority date even a month or so before us. But some are just lucky I guess. Coming back to what we are doing. My wife started her masters and finished in May this year. She could have finished in December but we were really banking on the CIR in May so she took more courses and finished it faster. Well that did not happen so whats next. So now I will be starting school again for second Masters this time MBA from one of the top10 B schools in January 2007. Ideally I wanted to do Full Time because its shorter duration as compared to part time but GC God (I wish there was one like that so that I can do the "Nariyal Pooja" or "Mundan" or "Abhishek") had otherr wishes so I have now switched from full time to part time. Lets see if my part time MBA of 4 years wins the race or Green Card wins the racce against time.
Moral of the story. Channelize your energy into something positive and get masters or second for that matter, or learn a new language, enroll in classes to learn languages that run for 6 months at community classees by the time you get your GC you will know atleast a dozen languages.
Lage Raho GC Bhai....
more...
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rayen
06-04 03:38 PM
Experts / Seniors,
I am preparing my AP renewal and have an question now with Q#3 : Class of Admission?, I am still working in H1 but while entering i used my AP.Please advice.
Thanks.
I am preparing my AP renewal and have an question now with Q#3 : Class of Admission?, I am still working in H1 but while entering i used my AP.Please advice.
Thanks.
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reno_john
06-11 10:36 AM
I see there are many amendments for the Immigration bill that was currently on the Senate floor Senate floor and as of today it�s been stalled, and probably will be brought back to be debated on. My question to IV core and members are that there are what version of the bill do like or will support.
Because the bill stated that if the point system comes into existence then it will only begin from the next fiscal year 2008 and in the bill it also stated that all I140 files after May 15, 2007 will be NULL and VOID. DO IV and core support this version of the bill, because I don�t and many people out here too don�t support and what role is IV core playing on this matter?
I know the point based GC system will be happily accepted by newcomers who just got into the queue of this GC process but what about those who waited for years to reach this stage to file I140 and then finally coming to know that their I140 is not valid because of the so called new BILL.
I am totally against any new Immigration bill that does not benefit the who are in the queue for years. I wish others too in this forum agree with me.
This is my opinion. You guys can agree or disagree its totally unto you guys. But this is my stand on the Immigration bill and will try my effort to bring it down. Only time will tell.
Because the bill stated that if the point system comes into existence then it will only begin from the next fiscal year 2008 and in the bill it also stated that all I140 files after May 15, 2007 will be NULL and VOID. DO IV and core support this version of the bill, because I don�t and many people out here too don�t support and what role is IV core playing on this matter?
I know the point based GC system will be happily accepted by newcomers who just got into the queue of this GC process but what about those who waited for years to reach this stage to file I140 and then finally coming to know that their I140 is not valid because of the so called new BILL.
I am totally against any new Immigration bill that does not benefit the who are in the queue for years. I wish others too in this forum agree with me.
This is my opinion. You guys can agree or disagree its totally unto you guys. But this is my stand on the Immigration bill and will try my effort to bring it down. Only time will tell.
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Legal
05-31 10:31 AM
because
1. the sponsors are current Judiciary cmtee chairman and
the past repub judicial cmtee chairman- both are very
influential senators, not push overs.
2. Senator from Washington has heard earful from the
tech lobby.
3. Our buddy Sen Cornyn is also a sponsor.
4.It restores provisions for EB-1, outstanding professors, etc.
NO SENATOR WILL WANT HIS/HER NAME ON THERE TO GUT THIS
AMENDMENT ENTIRELY. AT THE MOST THEY MAY ONLY TRY TO DILUTE
some provisions.
Proposed Amendments to the Senate Bill
Late last week, Senators Maria Cantwell (D-WA), John Cornyn (R-TX), Patrick Leahy (D-VT) and Orrin Hatch (R-UT) announced an amendment to the Senate bill that would make important changes to several of the employment-related provisions of the Senate bill. With respect to immigrant visas, the amendment would restructure the proposed merit-based program to add several of the features of the current employment-based system. The amendment would add an employer sponsorship component, and would create programs equivalent to the first, second and third employment-based preference categories for foreign nationals of extraordinary ability, outstanding professors and researchers, multinational executives and managers, advanced degree professionals, foreign nationals of exceptional ability, and professional workers (though the amendment would not provide for an equivalent to the current "other worker" subcategory). The amendment would also restore the labor certification requirement for the second and third employment-based preference categories, but would not provide for a national interest waiver of the requirement.
In addition, the amendment proposes an additional 140,000 immigrant visa numbers for employer-sponsored merit immigrants, and would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience.
Regarding the H-1B program, the amendment would eliminate the 20,000 ceiling on cap exemptions for foreign nationals holding advanced degrees from U.S. universities and create a new exemption for foreign nationals holding foreign advanced degrees in the sciences, technology, engineering or mathematics.
The amendment would also dispense with the Senate bill's expansion of the recruitment and non-displacement attestation requirement to all H-1B employers. Durbin& Grassley will not let this go that easily. At least some of the restrictions will be kept.
1. the sponsors are current Judiciary cmtee chairman and
the past repub judicial cmtee chairman- both are very
influential senators, not push overs.
2. Senator from Washington has heard earful from the
tech lobby.
3. Our buddy Sen Cornyn is also a sponsor.
4.It restores provisions for EB-1, outstanding professors, etc.
NO SENATOR WILL WANT HIS/HER NAME ON THERE TO GUT THIS
AMENDMENT ENTIRELY. AT THE MOST THEY MAY ONLY TRY TO DILUTE
some provisions.
Proposed Amendments to the Senate Bill
Late last week, Senators Maria Cantwell (D-WA), John Cornyn (R-TX), Patrick Leahy (D-VT) and Orrin Hatch (R-UT) announced an amendment to the Senate bill that would make important changes to several of the employment-related provisions of the Senate bill. With respect to immigrant visas, the amendment would restructure the proposed merit-based program to add several of the features of the current employment-based system. The amendment would add an employer sponsorship component, and would create programs equivalent to the first, second and third employment-based preference categories for foreign nationals of extraordinary ability, outstanding professors and researchers, multinational executives and managers, advanced degree professionals, foreign nationals of exceptional ability, and professional workers (though the amendment would not provide for an equivalent to the current "other worker" subcategory). The amendment would also restore the labor certification requirement for the second and third employment-based preference categories, but would not provide for a national interest waiver of the requirement.
In addition, the amendment proposes an additional 140,000 immigrant visa numbers for employer-sponsored merit immigrants, and would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience.
Regarding the H-1B program, the amendment would eliminate the 20,000 ceiling on cap exemptions for foreign nationals holding advanced degrees from U.S. universities and create a new exemption for foreign nationals holding foreign advanced degrees in the sciences, technology, engineering or mathematics.
The amendment would also dispense with the Senate bill's expansion of the recruitment and non-displacement attestation requirement to all H-1B employers. Durbin& Grassley will not let this go that easily. At least some of the restrictions will be kept.
syzygy
07-18 12:50 AM
Does anyone know if I can file I-485 if my LC is approved before August 17th? Or should it be approved during month of July?
Thanks
Thanks
niles123
05-29 12:19 PM
Here's my $100...
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Niles
Transaction ID: 12U23194T7899834E
Niles
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