ssk1127
08-23 07:20 PM
I am on the same boat, can anyone please clarify?
Mu thpoughts and assumptions. Might want tot talk to your attoney too
> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval
> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs
> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"
> You might want to check your application once too
thanks
satish
Mu thpoughts and assumptions. Might want tot talk to your attoney too
> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval
> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs
> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"
> You might want to check your application once too
thanks
satish
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Green.Tech
05-23 03:19 PM
Keep the contributions coming guys! These bills are a golden opportunity for us...We don't want IV to stop short of funds on its efforts, do we?
desi485
11-26 01:19 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
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hcard
04-30 08:29 AM
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
more...
gc_wow
02-18 03:07 PM
It is April new numbers for the quarter will be available.My guess is EB2 I will move beyond April 1 2004.Once it crossess 2004 then it will be almost in 2006 not many cases in 2005.
I_need_GC
03-25 02:27 PM
I am in a bind now, appreciate any advice,
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.
more...
Humhongekamyab
03-05 12:49 PM
My case does not have a LUD.
Same here my friend.
Same here my friend.
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desi485
11-08 05:02 PM
Chandu,
Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.
I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.
this is quite interesting and a big relief if true.
Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)
I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.
"An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."
Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.
I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.
this is quite interesting and a big relief if true.
Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)
I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.
"An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."
more...
apoojo
04-29 11:05 PM
Apart from calling all senators, I am thinking of writing to them/their offices as well. I guess different forms of communication would not hurt.
Many people stuck in the greencard backlog are not even aware of these steps (and organizations such as IV). How can we all help? Spread the word... post the link to Pappu's message in your facebook feed / blog etc.
Many people stuck in the greencard backlog are not even aware of these steps (and organizations such as IV). How can we all help? Spread the word... post the link to Pappu's message in your facebook feed / blog etc.
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chisinau
11-18 08:27 AM
Hi!
I have the opportunity to receive Canadian Permanent Residence. But for the US my PD is Sept.2006 in EB3, schedule "A"(which does not exists anymore :-). The question is: Will I be able to pass the interwiev succesfully and receive the GC, when my PD is current? Or it is impossible after receiving Canadian PR? I mean is it possible to have both Canadian PR and US GC at the same time? If now, please suggest how should I act in this situation?
Thanx for you opinions!
I have the opportunity to receive Canadian Permanent Residence. But for the US my PD is Sept.2006 in EB3, schedule "A"(which does not exists anymore :-). The question is: Will I be able to pass the interwiev succesfully and receive the GC, when my PD is current? Or it is impossible after receiving Canadian PR? I mean is it possible to have both Canadian PR and US GC at the same time? If now, please suggest how should I act in this situation?
Thanx for you opinions!
more...
cheg
07-23 05:53 PM
You're very observant. :) My husband depends on me to know our case. I'm H4 so all I do is read updates on immigration. I got addicted to IV! :D
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
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GreenCard4US
09-14 05:36 AM
Who the hell are you EB2 people to decide that we cannot interfile? Anyway you guys can jump and crib, nothing is going to happen. There are some stupid morons arguing that Eb2's are more qualified, what a farce! Eb3 guys have been waiting longer than EB2 guys for the most part. EB3 people are going to file in EB2, that's the bottom line, you can start a thread, go around squealing!!!!
more...
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Madhuri
09-10 04:42 PM
Order Details - Sep 10, 2007 4:01 PM CDT
Google Order #722113062529813
Unfortunately I can not make it to the rally since I'll be starting on a new project. Contributed a small $100 towards this GREAT effort.
Go IV!
Google Order #722113062529813
Unfortunately I can not make it to the rally since I'll be starting on a new project. Contributed a small $100 towards this GREAT effort.
Go IV!
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trueguy
08-14 10:50 PM
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
I agree. Nobody wants to talk about EB3-I, not even core IV.
I agree. Nobody wants to talk about EB3-I, not even core IV.
more...
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mbawa2574
07-06 01:49 AM
Why does the line on top of this page say
****
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
****
I guess, last month is about $2500, and previous month is less than $2K.
Any plans in your mind how to get every member pay $1 every month?
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
****
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
****
I guess, last month is about $2500, and previous month is less than $2K.
Any plans in your mind how to get every member pay $1 every month?
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
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Bogdan
06-02 04:26 PM
Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
more...
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hebron
03-04 03:08 PM
Its about late registered birth certificate... They want some secondary evidence...
Hi TomTancredo (even though I hate the real Tancredo, you seem to be a good person :)),
This is exactly why I asked you if you could share the details of your RFE. My attorney had asked me to submit affidavits from my parents since I did not have birth ceritificate. Is this the same issue with yours? Could you share the details if you don't mind?
Thank you.
Hi TomTancredo (even though I hate the real Tancredo, you seem to be a good person :)),
This is exactly why I asked you if you could share the details of your RFE. My attorney had asked me to submit affidavits from my parents since I did not have birth ceritificate. Is this the same issue with yours? Could you share the details if you don't mind?
Thank you.
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arunmohan
07-15 08:56 PM
Donated 25 USD.
5$ is nothing, Each member should donate each month.
But we need a push for EB3-I.
5$ is nothing, Each member should donate each month.
But we need a push for EB3-I.
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Jimi_Hendrix
08-09 01:37 PM
Why you need to support legal immigration reforms?
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.
Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.
Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
cjagtap
08-02 05:53 PM
please let me know if any TSC filer from 2 nd July got their receipts?
stucklabor
08-15 01:34 PM
All,
Some persuasive articles have been written.
However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.
My 2c.
Some persuasive articles have been written.
However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.
My 2c.
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