husamymd
04-11 11:46 AM
I heard from a friend who has a brother working in one of the lawyers affiliated with the AILA that USCIS has issued an internal memo to "go slow" on all EB 3 petitions including EB 3 I. That is very confusing to me given that EB3 I is U on the May VB. Has anyone else heard about this? if so can the IV core take measures against this discriminitory move.
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breddy2000
08-21 11:30 PM
I really don't understand why people think I am lying????
When I read the memo, I was more worried about my name check and whether she would check the status of it than about this, as anyhow my dates are not current. After showing the memo, she did offer to check the status.
With all the experience our guys have with USCIS officers and staff, it's hard to belive an IO would be that helpful? But, she's and even the staff at this office is not as bad as others have experienced.
I was even telling my wife about the behaviour and how staff at other offices behave.
Originally Posted by amsgc
Dude,
I just saw this post and I would like to understand a bit more about what you read. So, I have two questions for you:
1. What is your EB category?
- I am EB2 India Sept 2006.
2. What exactly did the memo say? Now be careful and think hard before you post.
- I can't reproduce as it is, as I just had a cursoy look at it. I just went through it. I was more worried about my Namecheck, as she hadn't said she would let me know about my Namecheck as of the moment.
When she showed it to me, I was expecting that the memo would be from USCIS, but it was clearly written at the top as Department of State?
For instance, you may cover the following in your post:
- Who was it addressed to?
I don't remeber.
- What was the subject?
It was some thing like 245- xxxxx India/China- Was it about about EB or FB?
It was about EB and she said it is for EB2 India/China
- Did it mention any dates?
Not Sure
- Did it mention any country names?
- Yes. India/China
- Was there anything about what the adjudicators are supposed to do?
I don't remember exactly. But at the bottom it URGENT was written three times. The IO said they just received it and it supersedes everything.
- Which city/state was this?
In Midwest.
Your response will be very helpful.
I guess this is related to 245(i) on the Visa re-capture. They may have passed a memo to this effect that it will not be used anymore due to the Grandfathering rule and will not apply to EB folks henceforth...
This may be a misunderstanding issue.
Not sure whether there is any other reason for having that number 245 which is mentioned in bold above....
I may be 100% wrong on this...
When I read the memo, I was more worried about my name check and whether she would check the status of it than about this, as anyhow my dates are not current. After showing the memo, she did offer to check the status.
With all the experience our guys have with USCIS officers and staff, it's hard to belive an IO would be that helpful? But, she's and even the staff at this office is not as bad as others have experienced.
I was even telling my wife about the behaviour and how staff at other offices behave.
Originally Posted by amsgc
Dude,
I just saw this post and I would like to understand a bit more about what you read. So, I have two questions for you:
1. What is your EB category?
- I am EB2 India Sept 2006.
2. What exactly did the memo say? Now be careful and think hard before you post.
- I can't reproduce as it is, as I just had a cursoy look at it. I just went through it. I was more worried about my Namecheck, as she hadn't said she would let me know about my Namecheck as of the moment.
When she showed it to me, I was expecting that the memo would be from USCIS, but it was clearly written at the top as Department of State?
For instance, you may cover the following in your post:
- Who was it addressed to?
I don't remeber.
- What was the subject?
It was some thing like 245- xxxxx India/China- Was it about about EB or FB?
It was about EB and she said it is for EB2 India/China
- Did it mention any dates?
Not Sure
- Did it mention any country names?
- Yes. India/China
- Was there anything about what the adjudicators are supposed to do?
I don't remember exactly. But at the bottom it URGENT was written three times. The IO said they just received it and it supersedes everything.
- Which city/state was this?
In Midwest.
Your response will be very helpful.
I guess this is related to 245(i) on the Visa re-capture. They may have passed a memo to this effect that it will not be used anymore due to the Grandfathering rule and will not apply to EB folks henceforth...
This may be a misunderstanding issue.
Not sure whether there is any other reason for having that number 245 which is mentioned in bold above....
I may be 100% wrong on this...
ghost
04-13 02:33 PM
Can we propose a bill which would give us - the honest, sincere, law abiding aliens - a time bound path to Green Card and Citizenship?
If you are serious about your proposal - please reach out to IV core and ask them provide the necessary guidance to take up this effort.
FYI - it's not easy to propose a bill but Sen. Jeff Sessions (R-Alabama) is your best bet. As much as you can lobby with his legislative office, you'll gain traction on your proposal. Good Luck!
If you are serious about your proposal - please reach out to IV core and ask them provide the necessary guidance to take up this effort.
FYI - it's not easy to propose a bill but Sen. Jeff Sessions (R-Alabama) is your best bet. As much as you can lobby with his legislative office, you'll gain traction on your proposal. Good Luck!
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shukla77
12-19 02:43 PM
Contributed my little 20$. Will do 4 times more.
Keep it up ..
Keep it up ..
more...
deecha
08-10 09:57 AM
I applied for my 2nd visa extension (1-year extension) after completion of 6 years in the middle of March 2007 (before I-94 expiry). My I-94 expired in the middle of March. I didn't hear from USCIS until the middle of July when they sent a huge list of request for evidence regarding my case (although I've been working on the same company's H1s for last many years now).
Meanwhile, I applied for adjustment of status on July 2nd as a beneficiary on my wife's application. If my H-1B gets rejected after sending the request for evidence for some reason now will I be out of status? Since my 180 days from my last valid I-94 will expire in the middle of September, is it a good idea to go on H4 before the middle of September and reenter the country?
In worst case, what will be my status if USCIS gets back to me, say in October, and says my H-1B extension application has been rejected?
Any input from UN or other gurus is appreciated.
Since you're a beneficiary of you're wife's AOS, you're in "pending status of authorized stay". Therefore you *are* authorized to stay here as of that day until a decision on the 485 is made (the unlawful stay clock stops ticking). If you get rejected on your H1 extension, you can still stay in the country and possibly work on the EAD (a derivative benefit of the 485). If you think your wife's 485 is airtight, and there's a problem later you can use the 245(k) provision since you were in unlawful stay for less than 180 days.
Meanwhile, I applied for adjustment of status on July 2nd as a beneficiary on my wife's application. If my H-1B gets rejected after sending the request for evidence for some reason now will I be out of status? Since my 180 days from my last valid I-94 will expire in the middle of September, is it a good idea to go on H4 before the middle of September and reenter the country?
In worst case, what will be my status if USCIS gets back to me, say in October, and says my H-1B extension application has been rejected?
Any input from UN or other gurus is appreciated.
Since you're a beneficiary of you're wife's AOS, you're in "pending status of authorized stay". Therefore you *are* authorized to stay here as of that day until a decision on the 485 is made (the unlawful stay clock stops ticking). If you get rejected on your H1 extension, you can still stay in the country and possibly work on the EAD (a derivative benefit of the 485). If you think your wife's 485 is airtight, and there's a problem later you can use the 245(k) provision since you were in unlawful stay for less than 180 days.
waitingGC
02-05 08:27 AM
are we fighting over an unexistent pie? There is not even a small pie for us while we are discussing how to divide it.
more...
arrarrgee
07-06 05:24 PM
http://www.1888flowermall.com/_e/loc/product/FBQ405%2DRO/_1_Bouquet_Artificial_7_5_Silk_Rose_Pink_Sweethear t_Rose_Bouquet.htm
Not trying to stress on the price...but just a question ...can we get it for this price ? less thatn 10 ? I am not able to see any under 30 $
Basically might be better to send 2 for 10$ rather than 1 for 20$ ....or say 5 for 10$ rather than 1 for 50$......
guess the quantity matters....so if let us know where you can get cheapest so we can send more....
I think the idea is quite good....we are on indiatimes and so many desis here read indiatimes and the awareness is going to increase....
all the best to all of us -:)
Not trying to stress on the price...but just a question ...can we get it for this price ? less thatn 10 ? I am not able to see any under 30 $
Basically might be better to send 2 for 10$ rather than 1 for 20$ ....or say 5 for 10$ rather than 1 for 50$......
guess the quantity matters....so if let us know where you can get cheapest so we can send more....
I think the idea is quite good....we are on indiatimes and so many desis here read indiatimes and the awareness is going to increase....
all the best to all of us -:)
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cloud 9
05-11 03:40 PM
Put suggestion on Immigration Secretary's website to move back substituted labors according to substitution dates (I-140 filing)
Hi ps3539 (Mr Genius)-->
What should be done to people who already got their GC or Citizenship using substitute labor? Should they be kicked out of the USA?
Hi ps3539 (Mr Genius)-->
What should be done to people who already got their GC or Citizenship using substitute labor? Should they be kicked out of the USA?
more...
food2006
07-17 07:56 PM
From all the members of South Dakota, A VERY BIG THANK YOU TO IV. We are all with you. Keep it up.
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krish2005
08-11 04:10 PM
Its high time since we spent in doing the guesswork. But sadly that's the only way to get out of the mental agony any one in EB3 stands as of now.
Even obama has indicated that immig reform is in the attic and also visa bulletin site shows wordings like that 10000 numbers for EB3 has been cut to 5000 (it must be saying from long time back itself) which is another pain in the already open wound of EB3.
Good at least EB2 moved but sad story continues for EB3. My guesswork is that for EB3 some daylight will be possible only around feb 2010. If no moves happen even in next year then its s%^t for all of us in EB3.
Even obama has indicated that immig reform is in the attic and also visa bulletin site shows wordings like that 10000 numbers for EB3 has been cut to 5000 (it must be saying from long time back itself) which is another pain in the already open wound of EB3.
Good at least EB2 moved but sad story continues for EB3. My guesswork is that for EB3 some daylight will be possible only around feb 2010. If no moves happen even in next year then its s%^t for all of us in EB3.
more...
mjdup
12-19 07:49 PM
With this 20 it is $220 from me. This will reach IV by 2/27 as per my bank.
I'm assuming you meant 12/27 :)
I'm assuming you meant 12/27 :)
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svn
04-24 08:26 PM
Dear friends, as I read all of your stories, I cannot help but relate it to mine. Even as I write this though, I am in the middle of a dilemma - I am being offered a promotion to a Director position and I cannot decide whether to accept it or not.
I have been in the US for over eight years on an H1 and have been working for a Fortune 20 firm as a Manager for the last four. My company applied for my Labor Cert back in Dec 2002 and while it cleared State in May 2003, the application was stuck in Federal processing for more than a year. Just as it seemed like they were getting to applications that had been transferred in during May 2003, the BEC took over and I literally felt like the rug had been pulled from under my feet! It's been almost two years since then, but I have seen no progress at all - zero, nada, zilch!
Meanwhile, I have been working hard at my company sorting my way through leadership changes, reorgs and changes in vision and strategy. While all of my colleagues and friends were applying to new positions and getting promoted, I lay low. Four years in the same job - I can tell you that is a looooong time! It isn't just that work starts to become a drag but also life itself seems to be in limbo and the frustration of the wait starts to spill over into personal life.
I got married two years ago and my wife, bless her heart, has been making a valiant effort to keep busy and pursue other interests, since she is on H-4. However, I know she can't wait to start working.
As all of you know, it takes a lot to succeed in the US economy and be recognized, but I have worked hard. Not only have I paid taxes for 8 years, but I also feel like I have paid my dues. I have an MBA from a top b-school and skills that are in demand. I cannot help but wonder, whether we are meant to waste our lives away?? You start feeling like a second-class human. I know I can always go back to my home country but I have invested a lot of my life here. We need justice!
I have been in the US for over eight years on an H1 and have been working for a Fortune 20 firm as a Manager for the last four. My company applied for my Labor Cert back in Dec 2002 and while it cleared State in May 2003, the application was stuck in Federal processing for more than a year. Just as it seemed like they were getting to applications that had been transferred in during May 2003, the BEC took over and I literally felt like the rug had been pulled from under my feet! It's been almost two years since then, but I have seen no progress at all - zero, nada, zilch!
Meanwhile, I have been working hard at my company sorting my way through leadership changes, reorgs and changes in vision and strategy. While all of my colleagues and friends were applying to new positions and getting promoted, I lay low. Four years in the same job - I can tell you that is a looooong time! It isn't just that work starts to become a drag but also life itself seems to be in limbo and the frustration of the wait starts to spill over into personal life.
I got married two years ago and my wife, bless her heart, has been making a valiant effort to keep busy and pursue other interests, since she is on H-4. However, I know she can't wait to start working.
As all of you know, it takes a lot to succeed in the US economy and be recognized, but I have worked hard. Not only have I paid taxes for 8 years, but I also feel like I have paid my dues. I have an MBA from a top b-school and skills that are in demand. I cannot help but wonder, whether we are meant to waste our lives away?? You start feeling like a second-class human. I know I can always go back to my home country but I have invested a lot of my life here. We need justice!
more...
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Vysh
12-20 02:05 PM
Team, I contributed 20$. This is my third contribution in the past few months. Please keep up the great work.
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jaocanada
07-17 10:53 PM
Kudos & thanks a lot IV team! I hope this inspires members to contribute regularly which in turn will enable the core team to carry on the sustained lobbying effort to bring about systemic changes. Although today's news is great, this is only a small step. Now begins the long long wait till our cases are taken up for adjudication. Our woes will not go away unless the underlying problem of severely constrained visa availability is addressed.
Time to roll up our sleeves and continue working with renewed vigor.
________________________________
Contributing $50 per month
Time to roll up our sleeves and continue working with renewed vigor.
________________________________
Contributing $50 per month
more...
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Daisy
04-12 02:19 PM
I have sent my story just now.
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chanduy9
07-06 06:42 PM
Can some one provide me a template that i can send?
Should briefly cover the actual issue and also the idea of sending flowers.
Please send me a private message if i missed this in the other threads.
Anand
You can see the details in first page....
Guys we are short of 21 for 3 digits...
Thanks,
Chandra.
Should briefly cover the actual issue and also the idea of sending flowers.
Please send me a private message if i missed this in the other threads.
Anand
You can see the details in first page....
Guys we are short of 21 for 3 digits...
Thanks,
Chandra.
more...
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mohanty999
08-21 10:28 AM
Bottom line is getting VISA number assigned to file when current, and let them complete review at later time, once File has VISA number then its ready to for approval.
Really? I thought the visa number is assigned only after the review is complete.
Really? I thought the visa number is assigned only after the review is complete.
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prajwal123
07-17 07:11 PM
2007 Legal Immigration Excellency Awards Goes To....iv...
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cloud 9
05-11 03:40 PM
Put suggestion on Immigration Secretary's website to move back substituted labors according to substitution dates (I-140 filing)
Hi ps3539 (Mr Genius)-->
What should be done to people who already got their GC or Citizenship using substitute labor? Should they be kicked out of the USA?
Hi ps3539 (Mr Genius)-->
What should be done to people who already got their GC or Citizenship using substitute labor? Should they be kicked out of the USA?
needhelp!
11-29 04:45 PM
crew members... are we going to keep our ship afloat?
deecha
07-21 08:09 PM
First, deecha, and VZLAN you are brave men..hope you get through. When the immigration system is so arcane, you cannot blame yourselves
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
Please see one of the replies I have above in response to another post. You employer could not pay you, but it is not your fault. If a RFE comes up, you can file affidavits to that effect. You have to consult a good lawyer.
If you are not going to be leaving the US, you shouldn't have to worry about the H1 stamp because you should be getting a new I-94 with your H1 extension approval notice.
HTH
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
Please see one of the replies I have above in response to another post. You employer could not pay you, but it is not your fault. If a RFE comes up, you can file affidavits to that effect. You have to consult a good lawyer.
If you are not going to be leaving the US, you shouldn't have to worry about the H1 stamp because you should be getting a new I-94 with your H1 extension approval notice.
HTH
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