Alabaman
04-22 05:34 PM
I read through this proposed legislature and there is absolutely nothing to worry about.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
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saurav_4096
01-04 02:53 PM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
First of all your freind is brave...
He can request IV to put another item in lobby agenda for brave category...
First of all your freind is brave...
He can request IV to put another item in lobby agenda for brave category...
kate123
02-12 08:48 AM
Exactly Same thing happened to me last year..
I Complain to IRS and they issued me W2 with in 3 days...
Dont worry you will be alright.. Go ahead and complain to IRS...
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
I Complain to IRS and they issued me W2 with in 3 days...
Dont worry you will be alright.. Go ahead and complain to IRS...
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
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saurav_4096
01-04 03:07 PM
Let me acknowledge..This thread made me easily come out of holiday blues. Above thats its friday...!!!!
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
May be he can apply for blanket H4...
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
May be he can apply for blanket H4...
more...
sbabunle
03-17 01:36 PM
Hello Everybody
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
axp817
04-09 02:57 PM
Receipting is not done by VO and the staff who do receipting follow certain procedures.
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
Does this mean that an MTR filed without the filing fee is automatically considered an appeal?
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
Does this mean that an MTR filed without the filing fee is automatically considered an appeal?
more...
pd_recapturing
05-12 05:34 PM
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
I liked the "Filing Fee Not enclosed" part. How did you manage to open an MTR without attaching a fee check? Please let us know. Ideally, we should not attach fee with MTR for such cases as these are USCIS errors.
I liked the "Filing Fee Not enclosed" part. How did you manage to open an MTR without attaching a fee check? Please let us know. Ideally, we should not attach fee with MTR for such cases as these are USCIS errors.
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vinabath
06-20 09:12 AM
I do not think there 100K people in 2006+2007 PD. Thats a wild assumption. There is only 65k quota. I think 30K or 40K labor approvals during 2 years makes more sense to me.
more...
Michael chertoff
11-12 09:34 AM
Pederson Immigration Law Group, P.C. - December 2010 Visa Bulletin Sneak Preview! (http://www.usvisainfo.com/content/view/192/31/)
What does this mean???
The disappointing news is that the projections for EB2 for India born applicants will not advance for several months. For the months of October and November 2010, the Department of State has used 700 EB2 numbers and that does not count the demand for USCIS for EB2 numbers.
besically , nothing going to change.
Thanks
MC
What does this mean???
The disappointing news is that the projections for EB2 for India born applicants will not advance for several months. For the months of October and November 2010, the Department of State has used 700 EB2 numbers and that does not count the demand for USCIS for EB2 numbers.
besically , nothing going to change.
Thanks
MC
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Libra
09-19 04:43 PM
Did you ask pappu? man, you missed it. when you come next time make sure you'll take your GC with you. yesterday i came to DC to get my GC but forgot FP appointment today and showed up one hour 30 mins late.
I was also looking here and there after rally no one handed me my green card :D
I was also looking here and there after rally no one handed me my green card :D
more...
GCInThisLife
07-19 12:11 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
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Libra
01-11 08:24 PM
26000 members but only 33 voted so far, come on guys we can do better than this. spend 5 mins on weeked and send your letters to President and IV.
more...
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werc
04-11 01:02 PM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
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GCard_Dream
12-13 04:05 PM
That may be but do you actually think this practice is fair and should be legal. To me and hundreds of thousands of other folks who are patiently waiting in line, it is fraud because you are cutting in line. The sad part is we see that you are cutting in line but we can't do s**t about it just because it's legal.
Why do we all start complaining when illegals get preferential treatment than us? We all start saying that we came here legally, we pay taxes, we waited in line, we did everything by the book.. bla bla bla. Well .. they are also getting their gc legally so then why do we complain?
How is this fraud ? What he is doing is legal ;)
Why do we all start complaining when illegals get preferential treatment than us? We all start saying that we came here legally, we pay taxes, we waited in line, we did everything by the book.. bla bla bla. Well .. they are also getting their gc legally so then why do we complain?
How is this fraud ? What he is doing is legal ;)
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Kitiara
02-10 09:21 AM
Oooo, this is going to be <i>close</i>! ;)
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morchu
11-04 05:03 AM
It is EB3row who deserve a good grudge with EB2India/China, regarding spill-over changes.
Changing to vertical spillover will NOT help EB3 India or China.
Changing to vertical spillover will NOT help EB3 India or China.
more...
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jfredr
08-22 11:14 AM
Thanks for posting
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spindoctor
07-19 06:31 PM
I think remove "cruel" word from title.
That was an attempt at humor. Looks like it was misunderstood. :)
That was an attempt at humor. Looks like it was misunderstood. :)
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EAD
11-13 10:48 AM
Hi, I got the email today that my AP has approved and they have mailed the document.
Few things i did to expedite so that I don't have to cancel my tickets and thanksgiving plans.
5 Days before the end of 90 days. I called NSC and requested to expedite the process in financial loss category. They told me that I'll get some information with in 5 days. I got letter in mail that they are working on it. Regular receipt letter nothing much information
2) Exactly after 90 days of filing my application (Nov 4th) I took an infopass appointment to talk to the officer. She told me that we cannot expedite as this is not a medical emergency or any other kind of emergency. I told her that i have already got my tickets and i made the plans after normal processing times of 90 days. She said she cannot do anything except sending an email to USCIS about my case. She also said if you have any family medical emergency we can issue a AP here but as I don't have one we cannot do anything.
3) Same day I sent a cover letter with DHS Form 7001 to CIS Ombudsman explaining my situation including copy of financial loss documents (tickets and all.)
After around 9 days I got a email today that its approved. I had lost hope and was planning to cancel my tickets coming Monday.
I am not sure whats the reason it got approved. May be its just over 90 days and it was supposed to get approved or its because of CIS Ombudsman.
I am glad that now I can travel as planned next week and don't have to cancel my tickets provided I'll get the document in hand early next week.
Few things i did to expedite so that I don't have to cancel my tickets and thanksgiving plans.
5 Days before the end of 90 days. I called NSC and requested to expedite the process in financial loss category. They told me that I'll get some information with in 5 days. I got letter in mail that they are working on it. Regular receipt letter nothing much information
2) Exactly after 90 days of filing my application (Nov 4th) I took an infopass appointment to talk to the officer. She told me that we cannot expedite as this is not a medical emergency or any other kind of emergency. I told her that i have already got my tickets and i made the plans after normal processing times of 90 days. She said she cannot do anything except sending an email to USCIS about my case. She also said if you have any family medical emergency we can issue a AP here but as I don't have one we cannot do anything.
3) Same day I sent a cover letter with DHS Form 7001 to CIS Ombudsman explaining my situation including copy of financial loss documents (tickets and all.)
After around 9 days I got a email today that its approved. I had lost hope and was planning to cancel my tickets coming Monday.
I am not sure whats the reason it got approved. May be its just over 90 days and it was supposed to get approved or its because of CIS Ombudsman.
I am glad that now I can travel as planned next week and don't have to cancel my tickets provided I'll get the document in hand early next week.
indyanguy
12-18 06:45 PM
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
Thanks for explaining this clearly. 2 Questions:
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
Thanks for explaining this clearly. 2 Questions:
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
DoggyStyle
07-21 10:31 PM
I knew the call was a BS. I don't want to waste my prepaid calling card. Real job ads are hard to come by these days, and H1b job ads
don't exist any more.:D
don't exist any more.:D
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