software7
04-09 02:05 PM
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
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eb_retrogession
04-01 07:03 PM
Faxes sent.
Thanks everyone for your hardwork.
Thanks everyone for your hardwork.
shree772000
05-17 12:16 PM
First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.
We have skills and ability to make many more countries like US.... We have to beleive it....
We have skills and ability to make many more countries like US.... We have to beleive it....
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smmakani
03-24 04:21 PM
Please PM paskal. He has a group on google groups too.
Now, anyone from Wisconsin? We need members from different congressional districts.
Thanks Alisa. Do you know what is a group name?
Now, anyone from Wisconsin? We need members from different congressional districts.
Thanks Alisa. Do you know what is a group name?
more...
makemygc
07-08 01:42 PM
Can we change the title of this thread to:-
Immigration Voice/Gandhigiri in News (or Limelight)
Immigration Voice/Gandhigiri in News (or Limelight)
vhd999
11-25 06:43 PM
I am sure IV must have reveiwed these numbers before posting this analysis for public view.
If that is the case, I am clearly missing something here.
If that is the case, I am clearly missing something here.
more...
invincibleasian
01-31 12:43 PM
I dont care about the fees. anything under 1000$ for 485 filing is cheap. I am happy they are in the process of eliminating substitution since this will reduce lcs. also higher the fees lesser the abuse of the system where one employee makes different employers file for h1s and gcs. I fully support the hike!
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Oblique
02-04 08:24 PM
Now that I look at it more, I really really like yours Kit :P I was just skimming through them and voted, but now that I look at em again, I should have voted for you :( Love the castle, and the background work for it.. Kinda looks like one of those Aztec Mayan thingers you see in the mountains or whatever :beam:
Nice job too all..
Nice job too all..
more...
prioritydate
08-10 04:15 PM
BUMP :p:p:p:p:p
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desi3933
12-22 12:54 PM
I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.
My experience has been very good, too.
I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.
________________
Not a legal advice.
My experience has been very good, too.
I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.
________________
Not a legal advice.
more...
abhijitp
01-13 05:18 PM
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DSJ
06-20 01:25 PM
I was saying all those things if the reason was money. If that is not the case then I am wrong, I am not an expert in suggesting different lawyer.
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
more...
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uma001
06-07 12:06 PM
Stop worrying too much.This bill wont pass
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number30
04-16 02:31 PM
Hi aroranuj,
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
more...
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coopheal
08-10 11:27 AM
I came here in late 2006 and i have applied for 140 & 485 due to LS.
All i can say for you is angoor khatte hain(grapes are sour for you) since you didnt get it.
This is what happens to jealous people.
Anyways, we have played by the rules.
What do you say about people getting GC by lottery.
Go and blame the govt for the rules not us.
Nobody asked you if you did LC Sub. It was one of you who started this thread.
All i can say for you is angoor khatte hain(grapes are sour for you) since you didnt get it.
This is what happens to jealous people.
Anyways, we have played by the rules.
What do you say about people getting GC by lottery.
Go and blame the govt for the rules not us.
Nobody asked you if you did LC Sub. It was one of you who started this thread.
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bkarnik
11-28 03:42 PM
In response to my query to my attorney about the FP notices see her response below. And this is from an Attorney with 20+ years of immigration law experience. Anybody else in the same boat??:(
"I think we should wait. Yes, its been a while, but since is taking a long time for everyone, I think it just a backlog. Let's give it until after the first of the year. USCIS grinds nearly to a halt over the holidays.
Also, I got call from Senator XXX' office. For reasons I can't even imagine, your file, in its entirety, despite transfer notices to the contrary, is at Lincoln, where it was originally submitted by us as required. Your wife's file, also originally submitted to Lincoln with yours, was sent to California per the transfer notice, but was NOT returned to Lincoln, remaining in California. All this shifting may be a part of the cause of the delay.
After nearly 22 years in this field, and thinking I had pretty much seen it all, this is a new one."
"I think we should wait. Yes, its been a while, but since is taking a long time for everyone, I think it just a backlog. Let's give it until after the first of the year. USCIS grinds nearly to a halt over the holidays.
Also, I got call from Senator XXX' office. For reasons I can't even imagine, your file, in its entirety, despite transfer notices to the contrary, is at Lincoln, where it was originally submitted by us as required. Your wife's file, also originally submitted to Lincoln with yours, was sent to California per the transfer notice, but was NOT returned to Lincoln, remaining in California. All this shifting may be a part of the cause of the delay.
After nearly 22 years in this field, and thinking I had pretty much seen it all, this is a new one."
more...
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abqguy
04-20 12:30 PM
I like this. Simple and straight to the point. Will use this as a template and make changes. Thank you.
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sandy_anand
11-10 11:49 AM
I think I have joined IV in last 3 years or so...
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
If IV has accomplished its objectives, then there is no need for any of us to join. But anyway, the following might be listed...hope this helps.
Immigration Voice Achievements
1. September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/654080-iv-update-good-news-for-people-stuck-due-to-security-checks-while-waiting-for-visas.html
2. September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/630599-iv-update-on-visa-numbers-and-foia-data.html
3. 2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
4. 2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.
H.R.5882
Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)
H.R.5921
Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)
H.R.6039
Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
5. September 18, 2007
1. DC Rally: Thousands of high-skilled immigrants march in the US Capital!
2. Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
3. Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
4. Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
5.
6. July 2007 Visa bulletin reversal
1. IV breaks the good news!
2. Flower campaign
i. USCIS takes note of the flower campaign
ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage
3. San Jose Rally
i. Media coverage: Business Week
3. CIR 2006: Manager's amendment
1. IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
2. The amendment was PASSED, although the bill itself did not survive
4. Access to lawmakers
1. IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
2. IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
5. Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
6. IV Spokesperson invited to conference at top US University
7. Only organization FOR high-skilled immigrants BY high skilled immigrants
1. Most visited site by high-skilled immigrants in the
2. Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:
i. 1/2006: 60
ii. 2/2006: 600
iii. 7/2006: 4500
iv. 1/2007: 7500
v. 7/2007: 15000
vi. 8/2007: 20000
vii. 11/2007: 25000
viii. 07/2008: 30000
IX. 09/2009: 36,810
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
If IV has accomplished its objectives, then there is no need for any of us to join. But anyway, the following might be listed...hope this helps.
Immigration Voice Achievements
1. September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/654080-iv-update-good-news-for-people-stuck-due-to-security-checks-while-waiting-for-visas.html
2. September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/630599-iv-update-on-visa-numbers-and-foia-data.html
3. 2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
4. 2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.
H.R.5882
Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)
H.R.5921
Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)
H.R.6039
Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
5. September 18, 2007
1. DC Rally: Thousands of high-skilled immigrants march in the US Capital!
2. Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
3. Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
4. Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
5.
6. July 2007 Visa bulletin reversal
1. IV breaks the good news!
2. Flower campaign
i. USCIS takes note of the flower campaign
ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage
3. San Jose Rally
i. Media coverage: Business Week
3. CIR 2006: Manager's amendment
1. IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
2. The amendment was PASSED, although the bill itself did not survive
4. Access to lawmakers
1. IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
2. IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
5. Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
6. IV Spokesperson invited to conference at top US University
7. Only organization FOR high-skilled immigrants BY high skilled immigrants
1. Most visited site by high-skilled immigrants in the
2. Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:
i. 1/2006: 60
ii. 2/2006: 600
iii. 7/2006: 4500
iv. 1/2007: 7500
v. 7/2007: 15000
vi. 8/2007: 20000
vii. 11/2007: 25000
viii. 07/2008: 30000
IX. 09/2009: 36,810
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unitednations
03-11 05:19 PM
You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!
The hyderabad consulate is nothing new. Chennai has been asking for this type of documents for years.
Yes; some people are not going to change their minds no matter what. I'm sure Grassley gets a lot of contributions and support from like minded people and he has to toe their line or they turn on him.
The other real American way would be to look at ways of undermining Grassley.
Case in point was Elliot Spitzer. Although what he was doing was right and justified; he took on some big players in Wall Street. Lots of fines; regulations, etc. Then all of a sudden he gets caught in a sting and he is ruined forever.
The hyderabad consulate is nothing new. Chennai has been asking for this type of documents for years.
Yes; some people are not going to change their minds no matter what. I'm sure Grassley gets a lot of contributions and support from like minded people and he has to toe their line or they turn on him.
The other real American way would be to look at ways of undermining Grassley.
Case in point was Elliot Spitzer. Although what he was doing was right and justified; he took on some big players in Wall Street. Lots of fines; regulations, etc. Then all of a sudden he gets caught in a sting and he is ruined forever.
paulavijit
06-01 02:27 PM
Votes YES.
YES count is only 961 though now.
YES count is only 961 though now.
GoneSouth
05-30 10:32 AM
Folks,
I cannot seem to find the section of the bill re: invalidation of pending applications, that is causing everyone so much heartburn. Someone referenced section 502(d)(2), however if I look on thomas.gov, that section of the bill is about per country limits. Can someone supply either a) latest version of bill text or b) correct section reference regarding current and pending applications?
Regards,
- GS
I cannot seem to find the section of the bill re: invalidation of pending applications, that is causing everyone so much heartburn. Someone referenced section 502(d)(2), however if I look on thomas.gov, that section of the bill is about per country limits. Can someone supply either a) latest version of bill text or b) correct section reference regarding current and pending applications?
Regards,
- GS
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