zCool
04-01 10:36 PM
This is where you start showing streaks of schizophrenia ..
What do you hope to achieve?? that they will send your 485 to some "experienced" IO???
First..
None has ANY idea what's going on inside of USCIS.. by one account something like 30% of experienced adjudicators quit last year!
Second..
Even if lets say you get what you want.. what would that achieve??? ultimately your case gets decided on its merit..
But chances are people like you.. you will put another question and then 1 more and then 1 more..
What do you hope to achieve?? that they will send your 485 to some "experienced" IO???
First..
None has ANY idea what's going on inside of USCIS.. by one account something like 30% of experienced adjudicators quit last year!
Second..
Even if lets say you get what you want.. what would that achieve??? ultimately your case gets decided on its merit..
But chances are people like you.. you will put another question and then 1 more and then 1 more..
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hopefulgc
04-10 08:41 AM
did you file concurrently... ?
if yes, make sure to act fast, coz we have seens people's i-485 get denied when the underlying i-140 is denied.
if yes, make sure to act fast, coz we have seens people's i-485 get denied when the underlying i-140 is denied.
dealsnet
05-06 04:10 PM
Your earlier post regarding same story about your friend. Now you are telling it is your case. Which one is true.???
Are you making story and make sensation??
Guys see her earlier post.
http://immigrationvoice.org/forum/showthread.php?p=329024#post329024
Urgent:h1 visa holder leaving country without informing employer!
--------------------------------------------------------------------------------
Please help!
One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?
Any valuable suggestion will be highly appreciated.
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
Are you making story and make sensation??
Guys see her earlier post.
http://immigrationvoice.org/forum/showthread.php?p=329024#post329024
Urgent:h1 visa holder leaving country without informing employer!
--------------------------------------------------------------------------------
Please help!
One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?
Any valuable suggestion will be highly appreciated.
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
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getgc2008
07-30 09:17 AM
direct online filing for I485
more...
boreal
09-03 03:44 PM
Hello Folks,
I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.
The USCIS systems are not that sophisticated as we think they are.
For me, I have opened an SR on Aug 4, got CPO on Aug 11, then the SR response came on Aug19 saying that my GC has been approved :)
...and wait there's more!
Aug 13 or so, they approved my pending EAD, this after approving GC on Aug 11. Lets give them a benefit of doubt assuming that their various servers didnt get synced up in those two days.
Last week of August, they send me information on my AP that was approved earlier and for which i had my attorney send an enquiry (as I didnt receive the AP by then)....
so basically what this shows is that mostly there exists a high disconnect in their various servers/databases, and most probably their processes are highly manual.
Gist of this, highly disconnected systems and I dont think SR would lead to anything..
But, yours looks like a porting case - so possibly they might have the wrong dates - it might help to open an SR or go for infopass...
I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.
The USCIS systems are not that sophisticated as we think they are.
For me, I have opened an SR on Aug 4, got CPO on Aug 11, then the SR response came on Aug19 saying that my GC has been approved :)
...and wait there's more!
Aug 13 or so, they approved my pending EAD, this after approving GC on Aug 11. Lets give them a benefit of doubt assuming that their various servers didnt get synced up in those two days.
Last week of August, they send me information on my AP that was approved earlier and for which i had my attorney send an enquiry (as I didnt receive the AP by then)....
so basically what this shows is that mostly there exists a high disconnect in their various servers/databases, and most probably their processes are highly manual.
Gist of this, highly disconnected systems and I dont think SR would lead to anything..
But, yours looks like a porting case - so possibly they might have the wrong dates - it might help to open an SR or go for infopass...
scorpioca
05-19 09:38 PM
Yeah, I have proof of Nepal. My mom still has properties and farm land in nepal.
I read at few forums that Indian consultate does not entertain changing place or date of birth? are there any exceptions to that? Or have they changed policies?
Has anyone been able to change the place of birth?
Thanks
I read at few forums that Indian consultate does not entertain changing place or date of birth? are there any exceptions to that? Or have they changed policies?
Has anyone been able to change the place of birth?
Thanks
more...
jthomas
05-05 06:16 PM
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
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nhfirefighter13
October 25th, 2004, 10:00 PM
I have a really hard time focusing on the fence in the first two. I would pick three as my favorite but only with a slight lead over four. I actually like the grean in four as it adds a nice variation is color...but I don't like the ceramic thingy.
Nice texture in all of them though.
Nice texture in all of them though.
more...
natrajs
10-29 05:26 PM
Dear Friends
Please post your feedback on our Sunday Oct 28th - 2007 NJ - IV meet
It will help the Tri State chapter
Please post your feedback on our Sunday Oct 28th - 2007 NJ - IV meet
It will help the Tri State chapter
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willwin
08-11 10:55 AM
What is the purpose of this poll? Why start from 2005 (and not from 2001) ?
trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.
The limitation is that we can have maximum of 10 entries in a polling!!!
Not sure if the core have more options.
trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.
The limitation is that we can have maximum of 10 entries in a polling!!!
Not sure if the core have more options.
more...
windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
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gc_chahiye
10-26 03:52 PM
W... For regular applications, they don't even have a column asking for any valid reason.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
more...
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surabhi
04-14 01:41 PM
As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.
You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.
It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.
You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.
It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.
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shivarajan
08-14 08:14 PM
USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."
News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)
Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485
News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)
Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485
more...
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logiclife
12-03 12:02 AM
Please name your thread appropriately, dont make it look like an ad for caregiver. Also, you are going to need an attorney for this and you will not be able to get your problem solved with forum posts.
I am going to allow this thread as we have allowed H4 related and visitor visa related threads for people before, and all visitors visa thread are non-immigrant visa related thread even if they are for parents of EB immigrants.
And please ... no more arguments between "This forum is overly Indian/Chinese" versus "This forum is not so".
There is a naturally high number of posts about indians/chinese because retrogression victims from India and China outnumber rest of the world proabably 8 to 1.
-- Admin
I am going to allow this thread as we have allowed H4 related and visitor visa related threads for people before, and all visitors visa thread are non-immigrant visa related thread even if they are for parents of EB immigrants.
And please ... no more arguments between "This forum is overly Indian/Chinese" versus "This forum is not so".
There is a naturally high number of posts about indians/chinese because retrogression victims from India and China outnumber rest of the world proabably 8 to 1.
-- Admin
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hnordberg
October 24th, 2004, 08:24 PM
I like #3 the best because it is the one that would let me into the field. And the composition is simple and interesting.
more...
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whiteStallion
03-04 07:44 PM
Congratulations ! Its party time! :D
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gc_buddy
11-18 02:35 PM
Dear Members,
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
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STAmisha
07-09 05:52 PM
My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.
Regd experience, I dont know if USCIS calls an employer.
Regd experience, I dont know if USCIS calls an employer.
wanaparthy
03-25 01:32 PM
-
BECsufferer
10-10 01:12 PM
Vactor29;
Yes they need proof of your being able to get back to USA. At my time, I didn't had EAD or AP in-hand.
You can use private company as mentioned below. As far as I know the company I contacted was based in DC and they said they only process for US citizens. So I had to do on my own thru Chicago consulate office of Germany.
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
Yes they need proof of your being able to get back to USA. At my time, I didn't had EAD or AP in-hand.
You can use private company as mentioned below. As far as I know the company I contacted was based in DC and they said they only process for US citizens. So I had to do on my own thru Chicago consulate office of Germany.
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
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