eager_immi
03-09 07:58 AM
Listen, everyone is frustrated but to take your lives for a GC is crazy. If you guys are so depressed please seek medical help. If you have kids they will be US citizens they can sponsor you 18 years later so why are you that frustrated. When your wife is on H4 that is the best time to have kids because she is at home and you don't have to pay daycare. It is the woman in H1B that my sympathies are with bc they cannot go part-time or get more that 6 week maternity leave. So please buckle up or seek help, I don�t think your logic makes sense.
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
wallpaper 18:50 – Review: Toy Story 3
Ushakiran
05-10 01:28 PM
Apparently, that guy is from ROW, and pretend being an Indian. otherwise, why he does not know India itself is a huge country with so many different languages, cultures, etc? isn't that diverse enough?
EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,
EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,
maverick_joe
05-02 10:49 AM
:D shhhhhhhh, ppl who got into IV after Apr 2007..please dont express your views...
Who did not even know about IV till Apr 2007 are talking here.
Who did not even know about IV till Apr 2007 are talking here.
2011 Toy Story 3 Movie Posters
brit_gc
08-09 06:07 PM
Received the FP notice today, for August 17th
more...
desi3933
06-26 09:04 AM
.
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
wandmaker
08-14 06:29 PM
Received the Cards - My case details and email sequence updated at - http://immigrationvoice.org/forum/showthread.php?t=20706
more...
sujith1
07-21 01:01 PM
Received on July 11 and LUD on 15th
2010 Toy Story 3: Trailer
Venky Sreedhar
02-26 03:13 PM
Contributed $ 100/=
Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)
Original Transaction
Date Type Status Details Amount
Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD
Unforunately I will not be able to attend because of a surgery.
Good luck with all your efforts and I am sure we will be able to achieve something positive.
Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)
Original Transaction
Date Type Status Details Amount
Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD
Unforunately I will not be able to attend because of a surgery.
Good luck with all your efforts and I am sure we will be able to achieve something positive.
more...
sapota
10-08 01:03 PM
PD should be established on the first labor application.
I feel this is more practical than number of years in US.
It already does, if you have an approved I-140 based on your LC.
I feel this is more practical than number of years in US.
It already does, if you have an approved I-140 based on your LC.
hair Toy Story 4, go figure.
immigrationvoice1
03-26 10:23 AM
Any comment from anyone?
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
more...
pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
hot Toy story 4: de trailer
myvoice23
08-13 09:26 AM
Did anyone receive card mailed e-mail/status update? I saw one member receive that.
Today I received an email "Approval notice sent."
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I was expecting my cards for the last 2 days. But nothing happend, hope I will receive my cards by this Friday.
Today I received an email "Approval notice sent."
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I was expecting my cards for the last 2 days. But nothing happend, hope I will receive my cards by this Friday.
more...
house Sneak Peek at Toy Story 4
EB3_SEP04
08-13 06:30 PM
Navyug, 2ndJuly,
Congrats and thanks for the update. I feel better now! (no i wasn't sick :D)
Congrats and thanks for the update. I feel better now! (no i wasn't sick :D)
tattoo Toy Story 4 Trailer: Don#39;t Toy
.jpg "Toy Story 3 - Movie Posters")
diptam
07-02 02:01 AM
CURRENT employment letter they will give in 10 mins....
But for FUTURE employment letter i signed a bond for 10 grands saying that i wont leave them till 1 Year after GC....
I bargained for 1 yr after EAD ( I already worked 2.5 yrs with them and i'm in this country for 7.5 yrs ) but the bargain was a failure... I could just change
certain Clauses but nothing in the core of the Bond/agreement.
After EAD i would show the bond to a lawyer for $250 and ask them if i can win the case within 4-5 grands ... If yes , i would hire that lawyer or else
i'll pay 10 grands and do something else :))
If i succeed by the lawyer route i would spend my win sum of $5000 for a vacation to Alaska or Europe .....
Take it easy guys - Lets just hope USCIS accepts out 485 app tomorrow.
My app has just reached Omaha, NE at 8 PM .... Hope it reaches Lincoln,NE by morning tomorrow ( its just 1 hr drive)
with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
But for FUTURE employment letter i signed a bond for 10 grands saying that i wont leave them till 1 Year after GC....
I bargained for 1 yr after EAD ( I already worked 2.5 yrs with them and i'm in this country for 7.5 yrs ) but the bargain was a failure... I could just change
certain Clauses but nothing in the core of the Bond/agreement.
After EAD i would show the bond to a lawyer for $250 and ask them if i can win the case within 4-5 grands ... If yes , i would hire that lawyer or else
i'll pay 10 grands and do something else :))
If i succeed by the lawyer route i would spend my win sum of $5000 for a vacation to Alaska or Europe .....
Take it easy guys - Lets just hope USCIS accepts out 485 app tomorrow.
My app has just reached Omaha, NE at 8 PM .... Hope it reaches Lincoln,NE by morning tomorrow ( its just 1 hr drive)
with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
more...
pictures General: Toy Story 3
desigirl
07-20 10:24 AM
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
as gc28262 has indicated, that proper analysis and the correct interpretation of the law is needed to change such matters. Unless, EB3 people come out of the lethargic content/self pity and start working on the issues as if their life depended on it (it does) - just writing to the senators and representatives will not help. The legislative offices is not going to do the analysis (in the time that matters to us) and address it to the USCIS. However, if we do the ground work and then approach them, we may have a better chance of succeeding.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
as gc28262 has indicated, that proper analysis and the correct interpretation of the law is needed to change such matters. Unless, EB3 people come out of the lethargic content/self pity and start working on the issues as if their life depended on it (it does) - just writing to the senators and representatives will not help. The legislative offices is not going to do the analysis (in the time that matters to us) and address it to the USCIS. However, if we do the ground work and then approach them, we may have a better chance of succeeding.
dresses Toy Story 3 video game review
tikka
05-23 08:50 AM
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
No worries. It's all good. Everyone is a little stressed.
Please do email the senators !
No worries. It's all good. Everyone is a little stressed.
Please do email the senators !
more...
makeup Trailer:http://www.youtube.com
diptam
06-22 04:52 PM
File 485 on your own Man - They are even contemplating even in issuing the Employer letter.
They are telling me that let the PD retrogress again - we will go by H1B :)
My situation is not any better. I am working for a GA based company since 2001 got stuck in the backlog center with Priority Date Oct 2003 (labor apporved in Nov 2006 I-140 applied in May). After calling the company HR for 30-40 times in last one week I was able to talk to HR guy, he said the ceo will allow only those who have approved I-140 to apply for I-485. He also said then once priority date retogressed again I will be able to get 3 years H1B ext. that will be good for me.:mad: I think these desi blood sucking compnies will be obsolete in couple of years. If USCIS make the rules better.
I was thinking of disclosing my employers name but then I will never be able to file I-485
They are telling me that let the PD retrogress again - we will go by H1B :)
My situation is not any better. I am working for a GA based company since 2001 got stuck in the backlog center with Priority Date Oct 2003 (labor apporved in Nov 2006 I-140 applied in May). After calling the company HR for 30-40 times in last one week I was able to talk to HR guy, he said the ceo will allow only those who have approved I-140 to apply for I-485. He also said then once priority date retogressed again I will be able to get 3 years H1B ext. that will be good for me.:mad: I think these desi blood sucking compnies will be obsolete in couple of years. If USCIS make the rules better.
I was thinking of disclosing my employers name but then I will never be able to file I-485
girlfriend Toy Story 3 - Movie Posters
shana04
12-17 12:37 AM
After reading so many real life incidents, I do not understand if I should take it positively or just bear with it.
I am really counting my 180 days (day in and day out)
All I need is freedom more that GC and this can be achived only with GC, so I need GC.
Then thinking about AC21, atleast we get some freedom. But some thing always scares from behind. Does this desi employer play some tricks by revoking I 140 (which is approved).
All I need is freedom....
My employer has tied me to a place where I do like to be. Does not increase my pay, does not let me take a decison. All he needs is money. My freedom is lost.
I need freedom to go around and live my life my way.
I wish good luck to one and all.
I feel some one from USCIS read our pathetic stories and do some thing.
Good luck my friends.
:)
I am really counting my 180 days (day in and day out)
All I need is freedom more that GC and this can be achived only with GC, so I need GC.
Then thinking about AC21, atleast we get some freedom. But some thing always scares from behind. Does this desi employer play some tricks by revoking I 140 (which is approved).
All I need is freedom....
My employer has tied me to a place where I do like to be. Does not increase my pay, does not let me take a decison. All he needs is money. My freedom is lost.
I need freedom to go around and live my life my way.
I wish good luck to one and all.
I feel some one from USCIS read our pathetic stories and do some thing.
Good luck my friends.
:)
hairstyles Buy Toy Story 2 DVD for only
ItIsNotFunny
05-01 03:34 PM
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
sparklinks
08-14 09:46 AM
Aug 13 2007: LIN0723350001-LIN0723354665 (NEBRASKA SERVICE CENTER)
August 13, 2007 is received date or Notice date? are these July 2nd filers?
August 13, 2007 is received date or Notice date? are these July 2nd filers?
royus77
07-08 09:03 PM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .
I can gather 100+ people from Chicago..
Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .
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