desijackass
04-09 11:31 AM
Same here, fraud bodyshop consultants make life miserable for genuine applicants and also give a bad name to the H1B process. It's more like an easy ticket to come to the US as opposed to being qualified for a job. I wonder what people think , that life gets better once you start with fraud??
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Canadian_Dream
08-20 04:21 PM
When did this happen ? Employers can't do any substitution after July 16 nor can they barter or get paid for it anyway.
Try the following:
1. Do you have the lawyer's retainer agreement (G28 signed) ? Other evidence such as e-mail etc which proves the intent of filling I-485 from Lawyer/Employer ?
2. Have paid it to the lawyer/employer for this particular service ? If yes do you have any written contract.
3. Keep back-ups of all documents in this regard.
This can either be construed as consumer fraud as you didn't get the services related to payment or breach of contract after full payment. I know it is hard but if you file a lawsuit you will get the monetary settlement and other damages. This may not stand much in terms of violation of labor laws (DOL Perspective) or Immigration laws (USCIS) perspective. This is case of clear fraud and deceit.
I guess this link is for H1 violation.
I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
Try the following:
1. Do you have the lawyer's retainer agreement (G28 signed) ? Other evidence such as e-mail etc which proves the intent of filling I-485 from Lawyer/Employer ?
2. Have paid it to the lawyer/employer for this particular service ? If yes do you have any written contract.
3. Keep back-ups of all documents in this regard.
This can either be construed as consumer fraud as you didn't get the services related to payment or breach of contract after full payment. I know it is hard but if you file a lawsuit you will get the monetary settlement and other damages. This may not stand much in terms of violation of labor laws (DOL Perspective) or Immigration laws (USCIS) perspective. This is case of clear fraud and deceit.
I guess this link is for H1 violation.
I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
Sheila Danzig
02-25 09:33 PM
I personally do not know of anyone who has attempted admission into a University with a CA.
Professors expert letters range up to $900.00+ with most firms. We rarely charge more than $550.00 Each case is different and it depends on the research needed.
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
Professors expert letters range up to $900.00+ with most firms. We rarely charge more than $550.00 Each case is different and it depends on the research needed.
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
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jgh_res
08-11 09:14 AM
U have such a big signature but nothing abt contribution to IV. Have u contributed anything to IV? If not, how do u thinkIV can fight for whatever it is fighting?
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
more...
bestia
07-17 04:15 AM
If we will get EADs, let's see who are gonna be our friends and enemies:
Lawyers. They are never our friends. If you are on H1b, then you better do every extension through the lawyer. If your H1b extension will be denied, you are in trouble. If you are on AOS/EAD cycle - you don't need a lawyer. It's a simple application. If for some reason your EAD denied (because you screwed something up in application), you will just reapply - it will not affect your status. If you will have a gap - just take leave without pay, to be formally compliant. So.. lawyers will lose, if we will all jump on EAD.
Employers. Believe me, so many consulting companies will be out of business for good, because a lot of folks will just join other companies for better salaries. It will be no more slavery, no more intimidation. For a lot of employers "f$%4 off" will be the usual thing they hear. So they won't like it.
Average American. We will be able to compete with them directly and kick them out of many positions. It's a capitalist country, and competition is a key to prosperity. It is much harder to find a job on H1B than with EAD. Yes, average American employee is undereducated and overpriced, and with a lot of demand and drama. Successful companies will love to hire us.
US government. They will like to get us on EAD, because we will start having higher salaries and will be paying higher taxes. We will start paying yearly EAD/AP fees. So, in this case DOS is on our side.
I think DOS perfectly understood that, that's why they made dates current to force USCIS give us EAD. It was no mistake. But all kinda anti-immigrant forces desperately made this impossible by more likely braking the law.
Lawyers. They are never our friends. If you are on H1b, then you better do every extension through the lawyer. If your H1b extension will be denied, you are in trouble. If you are on AOS/EAD cycle - you don't need a lawyer. It's a simple application. If for some reason your EAD denied (because you screwed something up in application), you will just reapply - it will not affect your status. If you will have a gap - just take leave without pay, to be formally compliant. So.. lawyers will lose, if we will all jump on EAD.
Employers. Believe me, so many consulting companies will be out of business for good, because a lot of folks will just join other companies for better salaries. It will be no more slavery, no more intimidation. For a lot of employers "f$%4 off" will be the usual thing they hear. So they won't like it.
Average American. We will be able to compete with them directly and kick them out of many positions. It's a capitalist country, and competition is a key to prosperity. It is much harder to find a job on H1B than with EAD. Yes, average American employee is undereducated and overpriced, and with a lot of demand and drama. Successful companies will love to hire us.
US government. They will like to get us on EAD, because we will start having higher salaries and will be paying higher taxes. We will start paying yearly EAD/AP fees. So, in this case DOS is on our side.
I think DOS perfectly understood that, that's why they made dates current to force USCIS give us EAD. It was no mistake. But all kinda anti-immigrant forces desperately made this impossible by more likely braking the law.
enggr
09-28 01:47 AM
I thank everyone for taking interest in my case and giving valuable advices.
Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.
I have requested my employer to start a new PERM as soon as possible.
I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).
"during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"
Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.
AkhilMahajan,
The university gives different marksheets for supplementary exam. There's a consolidated one too.
insbaby,
You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.
quizzer,
The I-140 filing date was Nov 2006.
Ramba,
You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.
cnndwag,
I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.
Dreamworld,
I am very disappointed by the law you mentioned
"PERM does not allow to change from EB2 to EB3"
Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).
Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.
I have requested my employer to start a new PERM as soon as possible.
I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).
"during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"
Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.
AkhilMahajan,
The university gives different marksheets for supplementary exam. There's a consolidated one too.
insbaby,
You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.
quizzer,
The I-140 filing date was Nov 2006.
Ramba,
You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.
cnndwag,
I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.
Dreamworld,
I am very disappointed by the law you mentioned
"PERM does not allow to change from EB2 to EB3"
Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).
more...
kumar1
08-19 09:02 PM
I can give you my example. 10 years in the US and got greened yesterday. Background -
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
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maximus777
11-20 06:10 PM
Yes ... and that "something" is a billion dollar business model. Education is a big business here .. not to speak of billions spent by the students in housing, insurance, living cost etc. And if there is no H1 after studies, this source dries up .
Contrary to popular belief, most students studies on Self Funding basis .. paying huge out-of-state tuitiion. So the myth that US Tax payers are paying for education of International Students is not true. The miniscule high flyers who go to top schools, go for Ph D, Post Doc, tenure track proffesors etc already have the option to get GC through EB1.
If its money that lures them into action, so be it. At this point, the situation is so desperate anything that moves the queue quicker is fine by me.
Contrary to popular belief, most students studies on Self Funding basis .. paying huge out-of-state tuitiion. So the myth that US Tax payers are paying for education of International Students is not true. The miniscule high flyers who go to top schools, go for Ph D, Post Doc, tenure track proffesors etc already have the option to get GC through EB1.
If its money that lures them into action, so be it. At this point, the situation is so desperate anything that moves the queue quicker is fine by me.
more...
neverbefore
07-14 04:12 PM
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
Thanks a lot for your replies. :)
Said nothing about keeping the passport.
Thanks a lot for your replies. :)
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Edison99
08-23 11:50 AM
Thanks for the great suggestions!
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
more...
h1-b forever
01-13 09:11 AM
How much does the Transit visa cost?
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Green.Tech
06-27 03:36 PM
using a flash is ok, just be careful if you wear glasses (you might need some retakes before you get it right). and turn on red eye removal. 3.2 mp for the size (2x2) of picture is good enough.. Even 1 mp is good enough if you are zooming in to take pictures. but if you are cropping a 1 mp picture to take out surroundings, its better to use 2mp plus camera.
When using a flash you get harsher shadows, to counter that have light source both from left right and top and do the picture in daytime with atleast some natural light. Remember stand atleast 2 feet away from the white background.
Flash results specially in home environment without proper lighting won't be good at nighttime unless you use multiple synchronised flash guns.
I guess the other persons remark regarding flash may be related to lighting / over exposures/ shadows. (make sure you wipe your face if you have oily skin - no kidding )
In the end if you really want to make your pictures look good and per specifications go to a portrait studio.
Thanks Oldmonk for the detailed reply! I appreciate it.
When using a flash you get harsher shadows, to counter that have light source both from left right and top and do the picture in daytime with atleast some natural light. Remember stand atleast 2 feet away from the white background.
Flash results specially in home environment without proper lighting won't be good at nighttime unless you use multiple synchronised flash guns.
I guess the other persons remark regarding flash may be related to lighting / over exposures/ shadows. (make sure you wipe your face if you have oily skin - no kidding )
In the end if you really want to make your pictures look good and per specifications go to a portrait studio.
Thanks Oldmonk for the detailed reply! I appreciate it.
more...
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AgentM
07-12 11:43 AM
Increase the Visa numbers, that's what we should be aiming for.
A one time news event is not going to solve the problem.
The July fiasco, should be used to start an all out campaign with Congress to increase the Visa numbers.
Let this opportunity not go to waste.
Please keep fighting.
Send flowers on 12th of every month to USCIS or DOS.
Do not let this opportunity go waste.
A one time news event is not going to solve the problem.
The July fiasco, should be used to start an all out campaign with Congress to increase the Visa numbers.
Let this opportunity not go to waste.
Please keep fighting.
Send flowers on 12th of every month to USCIS or DOS.
Do not let this opportunity go waste.
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n_2006
05-22 03:53 PM
Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.
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skp71
03-18 09:31 AM
Instead to lobbying politicians, why don't we file tons of lawsuits againt USCIS for the process delay? July my opinion.
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prioritydate
08-17 10:56 PM
me too.
EB2 PD - March 2004
I485 - RD - July 27 2007
You have been current for over 2 months. I am not sure why they are not touching your file. Are you stuck in a name check?
EB2 PD - March 2004
I485 - RD - July 27 2007
You have been current for over 2 months. I am not sure why they are not touching your file. Are you stuck in a name check?
more...
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Maverick1
10-09 09:02 PM
you can directly go to USCIS website and take printout of your approved I-140.
It will not have all informaion but more then enough to change job .
AFAIK , you can only see the text that the said 140 is approved. Did you mean actual copy of the approval ? Some thing that looks like a real approval letter , a scanned copy ?
It will not have all informaion but more then enough to change job .
AFAIK , you can only see the text that the said 140 is approved. Did you mean actual copy of the approval ? Some thing that looks like a real approval letter , a scanned copy ?
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mallu
12-02 02:40 PM
12/02/2007: News of DHS Plan to Approve Immigration Applications Without FBI Name Check Results After Certain Months Stirs Confusion
A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.
This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.
Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.
The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned.
A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.
This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.
Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.
The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned.
hairstyles Uma Thurman#39;s messy bun at
reachag
04-01 03:57 PM
Sent fax..i will send it on my Spouses name too.
nozerd
01-18 09:22 AM
I think it meand one of 2 things
1) There may be sopme qnquiry telephone number or email available only to lawyers
2) They will work through the AILA liason at TSC. I believe AILA has a liason with that office who can directly bring these up with higher ups involved. Non AILA members wouldnt have office.
1) There may be sopme qnquiry telephone number or email available only to lawyers
2) They will work through the AILA liason at TSC. I believe AILA has a liason with that office who can directly bring these up with higher ups involved. Non AILA members wouldnt have office.
jetflyer
06-13 10:48 AM
Mark Kirkoreiean's (or whatever his name is) thesis is that not everyone who gets a green card through EB is a genius, and that is not good for America.
Along same lines, I would like to ask, Mark or whoever in anti-immigration camp,
there are only 1M (may be little less) skilled workers looking for immigration and you have problem with that because all of them are not THE BRIGHTEST one, okay... well first understand, for THE BRIGHTEST we have EB1 which is working great. Now in America there is a lot of work which needs experienced and highly skilled worker and we have EB2 for that, apart from that we still have a lot of work which requires hitech skilled worker and for that we have Eb3. So by the definition system has already identified the need and have representation for those.
And secondly you have problem with those who came legally and are highly skilled and have followed all the rules since day 1, counts less that 1 million, you are not willing to give them GC on other hand there are 12M (actually 20 M) who can't even write their names in English and everybody is ready to give them GC even the president of US is ready.
Doesn't that give signal that US is pro illegal and anti-legal immigration.... think about it
Along same lines, I would like to ask, Mark or whoever in anti-immigration camp,
there are only 1M (may be little less) skilled workers looking for immigration and you have problem with that because all of them are not THE BRIGHTEST one, okay... well first understand, for THE BRIGHTEST we have EB1 which is working great. Now in America there is a lot of work which needs experienced and highly skilled worker and we have EB2 for that, apart from that we still have a lot of work which requires hitech skilled worker and for that we have Eb3. So by the definition system has already identified the need and have representation for those.
And secondly you have problem with those who came legally and are highly skilled and have followed all the rules since day 1, counts less that 1 million, you are not willing to give them GC on other hand there are 12M (actually 20 M) who can't even write their names in English and everybody is ready to give them GC even the president of US is ready.
Doesn't that give signal that US is pro illegal and anti-legal immigration.... think about it
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