addsf345
12-31 05:21 PM
NEED HELP!!! what are my options?
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?
Mohican
As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?
To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?
Mohican
As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?
To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.
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hazishak
09-16 11:31 AM
^^
Sri_1975
06-18 03:35 PM
Thinking about it instead of everyone filing individual complaints with ICE is there a way we can collectively file a lawsuit against companies ( atleast 2 to 3) on L1 misuse? Would this get some attention?
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Canadian_Dream
03-25 08:55 PM
That suit will not stand a chance, not becasue it doesn't have legal merit but because it goes to the core of capitalistic system. Coporations can choose to hire and fire anyone as long as they don't fundamentally descriminate in writing. All of us know, that employers and hiring manangers have their preferences that might actually border legal descrimination so this is not an immigration issue as I see it. This is a broader issue linked to the power vested to the corporations in a capitalistic society, I have seen ethnic bias, age bias and all other kind of non-sense in hiring. Anyone claming that this doesn't happen or this is an immigration issue is simply in denial. It is just the way of life. As BharatPremi has pointed out, law says descrimination in the documents after hiring is illegal but it doesn't say that employer cannot choose to hire anyone as suited. Equal opportunity hiring practices are just guidelines which says job requirements MUST be uniformly and consistently applied to all race and color. It doesn't say you cannot choose to have an all white or all black work force. Unfortunately there is no law that clearly prohibits descrimination based on visa status (at least I am not aware of one). In fact the legal pressure is just for the opposite, that puts additional burden on the companies to make effort in hiring local workers first. The corporation can always say they have a policy to not hire someone with temporary work permit and there is no law against it. It is sad but that's how it is.
Using the same logic, they can avoid interviewing an African American.
I think we all should get together and file a class action law suit against those companies.
Using the same logic, they can avoid interviewing an African American.
I think we all should get together and file a class action law suit against those companies.
more...
desitechie
08-20 03:18 PM
I wont switch to vonage because i dont make much phone calls. Try to use google talk to cut expenses.
Hows Airtel 1c plan? Is the call quality and connection good ?
Thanks
Hows Airtel 1c plan? Is the call quality and connection good ?
Thanks
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01-24 04:25 PM
south east
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coopheal
08-08 09:21 AM
I am the later...
This is my last post in this regards.
Solution of frustration is not destructive thinking which you are doing. Grow up�.
May be you might have supported previous IV campaigns. I urge you to keep supporting them instead of going anything crazy like what you are planning.
Finally if you have reasons to believe some firms are gaming the system then report them. That is American way of doing things.
This is my last post in this regards.
Solution of frustration is not destructive thinking which you are doing. Grow up�.
May be you might have supported previous IV campaigns. I urge you to keep supporting them instead of going anything crazy like what you are planning.
Finally if you have reasons to believe some firms are gaming the system then report them. That is American way of doing things.
2010 Get ready, Ugly Betty fans,
hopefulgc
07-09 06:58 PM
People,
whatever people may say, flower campaign is a success.
Its tells us one thing.. if we all unite, they cannot ignore us.
At least, we know they are listening. Keep the pressure going.
"There is a Gandhi in each of us"
whatever people may say, flower campaign is a success.
Its tells us one thing.. if we all unite, they cannot ignore us.
At least, we know they are listening. Keep the pressure going.
"There is a Gandhi in each of us"
more...
sc3
08-20 07:54 PM
Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.
Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.
INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.
It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?
This is awesome lead. It suggests that barring 203 (which does not talk much about per-country limits) and paragraph 2 (which goes moot when there is spill-over), there should be no discrimination. But does the anti-discrimination apply to "qualification requirements" ?? That will be the counter argument against applying this section.
Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.
INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.
It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?
This is awesome lead. It suggests that barring 203 (which does not talk much about per-country limits) and paragraph 2 (which goes moot when there is spill-over), there should be no discrimination. But does the anti-discrimination apply to "qualification requirements" ?? That will be the counter argument against applying this section.
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wandmaker
08-07 09:36 AM
Easy for you to say as u already got your green card.
If Aman had worried about only himself then there would have been no IV. Start thinking for whole EB community. Change your "I" comes before "WE" attitude, help the whole community and help yourself. Anyway, good luck on your law suit.
If Aman had worried about only himself then there would have been no IV. Start thinking for whole EB community. Change your "I" comes before "WE" attitude, help the whole community and help yourself. Anyway, good luck on your law suit.
more...
garika
07-10 12:00 AM
Don't know if anyone noticed but Mr. Emilio's statement nowhere indicates any acknowledgement of the hardships caused by the fiasco. If he (and USCIS) knows about "flowers", I am sure USCIS knows about the scramble, hardships and frustration caused by the fiasco. A simple acknowledgement through something like " ....while we regret unintended consequences of following our internal procedures, we have made arrangements to forward the flowers to ..." would have demonstrated leadership or honesty of intent which I guess is in short supply
I think he is trying to say if anybody needs flowers its our men in uniform and not us (USCIS). I hope I am wrong but thats my perspective. Have sent the flowers anyway ;)
I think he is trying to say if anybody needs flowers its our men in uniform and not us (USCIS). I hope I am wrong but thats my perspective. Have sent the flowers anyway ;)
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Saralayar
01-15 10:35 AM
Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants
http://citizensbriefingbook.change.gov
Search for Citizenship also. It is posted in the Homeland Security and Foriegn Policy.
http://citizensbriefingbook.change.gov
Search for Citizenship also. It is posted in the Homeland Security and Foriegn Policy.
more...
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guy03062
08-20 02:43 PM
I have just upgraded my existing Vonage plan from Premium to World plan without any cost. As few guys said earlier, I remember paying $0.89 per min for India call a decade back when I was a student here - really great to experience fruits of VoIP innovation :-)
For someone who has Vonage account and want to upgrade, they can login into vonage web account, goto Billing section and click on change current plan.
For someone who has Vonage account and want to upgrade, they can login into vonage web account, goto Billing section and click on change current plan.
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desi3933
06-18 11:43 AM
No - I am not suggesting that!!
Good to know that.
What I am suggesting is that the right time to take this up is when a recession is not in full swing. Between 2004 (when this law was enacted) and 2007 was a great time to pick this battle. Maybe another year down the line would also be a great time to pick it. Picking up this particular battle right now would probably make YOUR and MY lives much more difficult in the medium term.
I disagree. By not reporting the fraud at workplace, it puts rest of workforce not at level playing field.
Like you and the OP - I am a selfish individual. I will pick up only those fights which are in my interest. I believe that this particular fight is a lose-lose proposition in the current climate. I am disputing your (and OPs) belief that this will be beneficial for you/me/rest of us.
Lets take the example of the same Goldman Sachs manager. Tomorrow ICE comes to him and says you need to get rid of these 50 guys under you. What will he do? He cant increase the budget in the current environment. So he probably will hire a couple of GC holders/Citizens and replaces the whole division (with 50 GC/Citizens besides the 50 'violators') with an offshore team.
You are right. If you are not impacted by fraud, one will be least interested in reporting the fraud. Only when you get impacted, the fraud appears real and serious.
To give you example, There are only 3 people on H-1B at my workplace and none on L1 visa status, so no one cares here about this issue.
BTW - I am a US citizen of Indian origin.
Think about it!!
Now is the time when everybody is thinking in terms of cost cutting. If you create costly disruptions now - then either the company becomes GM and lose out to overseas competitors or migrates the entire division out.
Taking your example further, due to budget constraints, the manager will be more inclined to replace workers to L1 workers to save cost. Do you want this? This will impact people in short term.
.
Good to know that.
What I am suggesting is that the right time to take this up is when a recession is not in full swing. Between 2004 (when this law was enacted) and 2007 was a great time to pick this battle. Maybe another year down the line would also be a great time to pick it. Picking up this particular battle right now would probably make YOUR and MY lives much more difficult in the medium term.
I disagree. By not reporting the fraud at workplace, it puts rest of workforce not at level playing field.
Like you and the OP - I am a selfish individual. I will pick up only those fights which are in my interest. I believe that this particular fight is a lose-lose proposition in the current climate. I am disputing your (and OPs) belief that this will be beneficial for you/me/rest of us.
Lets take the example of the same Goldman Sachs manager. Tomorrow ICE comes to him and says you need to get rid of these 50 guys under you. What will he do? He cant increase the budget in the current environment. So he probably will hire a couple of GC holders/Citizens and replaces the whole division (with 50 GC/Citizens besides the 50 'violators') with an offshore team.
You are right. If you are not impacted by fraud, one will be least interested in reporting the fraud. Only when you get impacted, the fraud appears real and serious.
To give you example, There are only 3 people on H-1B at my workplace and none on L1 visa status, so no one cares here about this issue.
BTW - I am a US citizen of Indian origin.
Think about it!!
Now is the time when everybody is thinking in terms of cost cutting. If you create costly disruptions now - then either the company becomes GM and lose out to overseas competitors or migrates the entire division out.
Taking your example further, due to budget constraints, the manager will be more inclined to replace workers to L1 workers to save cost. Do you want this? This will impact people in short term.
.
more...
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amsgc
06-16 12:31 PM
What is I-94# is it the number on I-94 no. attached 797 form or arrival i-94 card(white) no? And what is nonimmigrant visa number? guys please help am filling 485 form.
Non immigrant visa number is the number on your non immigrant visa used to enter the US. Someone posted it is the one in Red - mine appears on the right, towards the bottom. The only other numbr is the control number on my visa
Non immigrant visa number is the number on your non immigrant visa used to enter the US. Someone posted it is the one in Red - mine appears on the right, towards the bottom. The only other numbr is the control number on my visa
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django.stone
09-26 07:03 PM
I agree with 485Mbe4001 and many other folks on this thread that have talked about the results of Obama victory - USA would face socialist policies and personally our GCs could be affected by protectionist agenda. I have never understood why Indians (even 2nd generation) by default support Democrats, when all the values and rational reasons point us towards Republicans. I am libertarian in my views and a staunch supporter of republicans.
Reasons for Immigrants to support Democrats -
1. Generally religion neutral and not influenced by christian right wing
2. Generally tolerant of people from other cultures rather than being a party of white folks run by white men
3. Tendency to help human/environment suffering
4. Afraid of military draft that could recruit our kids
Immigration
Now coming to the issue on hand, overall roughly 60% to 80% of americans do not want any kind of immigration (check wikipedia). That is the unfortunate truth! We should all be lucky to be here due to generally business friendly laws that allows for H1B visas and EB GCs for skilled labor. If left to public, immigration would be banned. Hence, I believe both parties use this as a posturing issue during elections to their favor. khodalmd in the previous thread explained the breakdown of republicans/democrats accurately. Logically speaking, republicans can be convinced about its need to sustain economy and generate taxes as more baby boomers retire, but this logic is these days trumped by mix up with illegals.
If Obama wins, economy/stock market would tank, more jobs would be outsourced. My fear is that during those times, any kind of immigration law would not pass. If god forbid, layoffs start to roll, then many of us may have to start from scratch, hence I call it perfect storm.
Reasons for Immigrants to support Democrats -
1. Generally religion neutral and not influenced by christian right wing
2. Generally tolerant of people from other cultures rather than being a party of white folks run by white men
3. Tendency to help human/environment suffering
4. Afraid of military draft that could recruit our kids
Immigration
Now coming to the issue on hand, overall roughly 60% to 80% of americans do not want any kind of immigration (check wikipedia). That is the unfortunate truth! We should all be lucky to be here due to generally business friendly laws that allows for H1B visas and EB GCs for skilled labor. If left to public, immigration would be banned. Hence, I believe both parties use this as a posturing issue during elections to their favor. khodalmd in the previous thread explained the breakdown of republicans/democrats accurately. Logically speaking, republicans can be convinced about its need to sustain economy and generate taxes as more baby boomers retire, but this logic is these days trumped by mix up with illegals.
If Obama wins, economy/stock market would tank, more jobs would be outsourced. My fear is that during those times, any kind of immigration law would not pass. If god forbid, layoffs start to roll, then many of us may have to start from scratch, hence I call it perfect storm.
more...
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lost_in_gc_land
02-16 01:31 AM
Hi all,
I am planning for a trip to india and get my first visa stamping done some time in may. My visa was approved in july 2007. Does anyone think that this issue will prolong till may? Or will all these database updates for the PIMS verification checks be complete by then? Any inputs will be highly appreciated. Thanks.
Hi Bhagyesh,
From what I have gathered in the PIMS ruling is that cases approved after the PIMS ruling implementation will be put in the database first followed by cases that were approved prior...
Anyone else gather this from the PIMS ruling please let me know...and correct me if I am wrong.
I am planning for a trip to india and get my first visa stamping done some time in may. My visa was approved in july 2007. Does anyone think that this issue will prolong till may? Or will all these database updates for the PIMS verification checks be complete by then? Any inputs will be highly appreciated. Thanks.
Hi Bhagyesh,
From what I have gathered in the PIMS ruling is that cases approved after the PIMS ruling implementation will be put in the database first followed by cases that were approved prior...
Anyone else gather this from the PIMS ruling please let me know...and correct me if I am wrong.
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pat123
09-22 08:18 AM
What Pappu says is right. Ppl have been so impatient that they're bombarding USCIS with SRs, emails, letters from attorneys, Infopass etc..etc...etc...I understand the anxiety but isnt this a bit 2 much? I was no exception to this. I raised an SR on the very first day my date got current and on trying to followup on the SR the very next week, I stumbled upon a clearly tired second level IO who didn't like the way I was pushing for it. He clearly explained to me that there was no need to worry as the dates were current and everyone who was current and cleared of security would be approved as there were several visa numbers available and he also told me that there have been thousands of calls received everyday and its becoming really hard for them to handle the situation. I could see how tired and frustrated he was. I immediately understood their plight and just waited without any further action and within a span of 15 days after that call, I got my approval. My attorney also advised me to wait as he was sure the dates were gonna be current the next month as well and followups would only result in delays.
Well I'm not saying its wrong to be anxious. Ofcourse, its an important milestone, one that secures our future in this country and yes, its only natural to be anxious. But being anxious doesn't mean that by calling or emailing or Ombudsman etc...ur case will be approved. Try and put yourselves in the IO's shoes as well. For a moment think what it wud be like to be an USCIS first lvl/second lvl IO receiving the same call every minute from a diff person and each one trying to reach the second lvl IO with lies such as my A# on file is diff than the one on 140 OR address change etc...etc...This is ridiculous. After years of wait we resort to such shameful behavior towards the end.
Yes when others with later PDs are getting approved and u r still waiting, it does bring out frustration in u. But u should also put in thought as to why that could be. Maybe one of the security checks in ur case is awaited or maybe ur file is on some table waiting to be picked up etc...I was venting out my anger and frustration during my wait on this forum and ppl were only asking me to do that, do this blah blah blah. I just waited nevertheless as I knew the moment I spoke with the IO that there was really no point in following up as cases were getting approved and USCIS was definitely WORKING as hard as they could (even on weekends) to clear all current cases.
There was one dumb idiot who called and spoke to the second level IO (per his own words "just to confirm") even after getting the CPO email. I mean how foolish and idiotic is that. Check this out...I'm not kidding:http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1600323-conflicting-info-cpo-email-but-485-pending.html
Guys, just trust USCIS now that they've been approving left and right before u login to ur email to followup or pick up ur phone to check ur status. EB2 has not moved ahead for the Oct bulletin but ppl who were current from July will still be current in Oct. What does that mean??? It simply means that USCIS is hell bent on clearing all the cases which have been current since July and my best guess is until the last of the "current" cases has been approved, the dates will be not be retrogressed.
It is fine for you NOW that you received your GC now and "see" the plight of IO. You are drinking cool aid now under the awnings of Green card. It is now tough for you to understand the plight of the people on "this" side as you crossed over to the "other"side. It is the same old story of people who got their GC and Citizenship dont care about the people who are going to wait for dog long years. Imagine what would have you done, if you didn't receive your GC in 15 days time, i am sure that by this time you would have shaked the earth from heaven to hell by calling your senators, ombudsman, alderman, congressmen etc. Instead of giving advice to others to understand the plight of IO's, keep your emotions under check and encourage others to do their best. Do not post unnecessary comments.
Well I'm not saying its wrong to be anxious. Ofcourse, its an important milestone, one that secures our future in this country and yes, its only natural to be anxious. But being anxious doesn't mean that by calling or emailing or Ombudsman etc...ur case will be approved. Try and put yourselves in the IO's shoes as well. For a moment think what it wud be like to be an USCIS first lvl/second lvl IO receiving the same call every minute from a diff person and each one trying to reach the second lvl IO with lies such as my A# on file is diff than the one on 140 OR address change etc...etc...This is ridiculous. After years of wait we resort to such shameful behavior towards the end.
Yes when others with later PDs are getting approved and u r still waiting, it does bring out frustration in u. But u should also put in thought as to why that could be. Maybe one of the security checks in ur case is awaited or maybe ur file is on some table waiting to be picked up etc...I was venting out my anger and frustration during my wait on this forum and ppl were only asking me to do that, do this blah blah blah. I just waited nevertheless as I knew the moment I spoke with the IO that there was really no point in following up as cases were getting approved and USCIS was definitely WORKING as hard as they could (even on weekends) to clear all current cases.
There was one dumb idiot who called and spoke to the second level IO (per his own words "just to confirm") even after getting the CPO email. I mean how foolish and idiotic is that. Check this out...I'm not kidding:http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1600323-conflicting-info-cpo-email-but-485-pending.html
Guys, just trust USCIS now that they've been approving left and right before u login to ur email to followup or pick up ur phone to check ur status. EB2 has not moved ahead for the Oct bulletin but ppl who were current from July will still be current in Oct. What does that mean??? It simply means that USCIS is hell bent on clearing all the cases which have been current since July and my best guess is until the last of the "current" cases has been approved, the dates will be not be retrogressed.
It is fine for you NOW that you received your GC now and "see" the plight of IO. You are drinking cool aid now under the awnings of Green card. It is now tough for you to understand the plight of the people on "this" side as you crossed over to the "other"side. It is the same old story of people who got their GC and Citizenship dont care about the people who are going to wait for dog long years. Imagine what would have you done, if you didn't receive your GC in 15 days time, i am sure that by this time you would have shaked the earth from heaven to hell by calling your senators, ombudsman, alderman, congressmen etc. Instead of giving advice to others to understand the plight of IO's, keep your emotions under check and encourage others to do their best. Do not post unnecessary comments.
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485Mbe4001
08-07 01:25 PM
We have no idea how many are legally porting from EB3 to EB2. I am sure many are trying but the data is not available. I dont know how you will move forward without such information.
(Disclaimer: i am EB3 with US masters and no desire of porting to EB2)
(Disclaimer: i am EB3 with US masters and no desire of porting to EB2)
fatjoe
10-12 04:24 PM
Hi Kewl:
So there is a difference between "With an IO" and "Assigned to an IO" , right? So, how do you ask the rep about that? Will they tell you if it is with an IO and assigned to an IO? When I spoke to the second level rep. it appeard to me that my case is with an IO.
So there is a difference between "With an IO" and "Assigned to an IO" , right? So, how do you ask the rep about that? Will they tell you if it is with an IO and assigned to an IO? When I spoke to the second level rep. it appeard to me that my case is with an IO.
acecupid
07-09 06:57 PM
We managed to stir the lion! I think we have achieved more than what we asked for from this campaign. I hope we get more media coverage from this statement.:cool:
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