desi485
11-18 03:50 PM
We must also step forward and work towards resolving other things
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
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dhirajs98
12-24 12:59 PM
USCIS has not even posted January processing times till now. This should have been published by Dec 15th.
God only knows what game they are playing.
God only knows what game they are playing.
Vsach
07-14 09:40 PM
bump:)
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rajuram
09-01 09:40 PM
Came in Sept 99, still waiting ....seems more like a century. Survived a major blunder by the lawyer...
god help me and all others !
god help me and all others !
more...
mzc123
06-27 08:10 PM
can someone please provide the link to the tracker? I'm unable to locate the link.
raysaikat
01-07 12:42 AM
I agree with you. It is important to know if the US data excluded international students or not. You can find the papers here:
http://www.soc.duke.edu/GlobalEngineering/papers.html
The relevant one seems to be the following:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
This one is probably more relevant:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1015843#PaperDownload
Basically go through all the papers to get the complete picture of his position.
http://www.soc.duke.edu/GlobalEngineering/papers.html
The relevant one seems to be the following:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
This one is probably more relevant:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1015843#PaperDownload
Basically go through all the papers to get the complete picture of his position.
more...
ronhira
03-06 08:38 PM
Heres the sliver lining of all this immigration mess. Its good for spiritual development. I came here 10 years ago in mid 20s. My understanding of Indian philosophy was rudimentary at best. Now I have found reading and meditating on the meaning of Gita is one of the best ways for me to deal with the GC mess, and life in general. So I wonder if GC had been a smooth process would I have still discovered the beauty of the Gita?
sounds like a case of mid life crisis..... if it were not gc then there would have been something else to discover u'r beauty of gita..... that's how we all r..... & what does gita tell u @ illegal immigrants.... just curious?
sounds like a case of mid life crisis..... if it were not gc then there would have been something else to discover u'r beauty of gita..... that's how we all r..... & what does gita tell u @ illegal immigrants.... just curious?
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ashutrip
06-20 01:16 PM
Yes, maybe we try for pre-approved labor before July end?
what on earth is that supposed to be?
what on earth is that supposed to be?
more...
amitjoey
08-12 11:46 AM
Just dont get what the senator is intending here ....
Not sure if senator is missing it or dodging it ....
The senator is missing it or dodging it - it clearly means one thing -we are invisible as constituents. We are being taken for a ride only because we do not speak up or go meet our lawmakers. They do not see us as ordinary constituents having the same issues as their other constituents. The whole human -angle is missing.
We have to go meet our lawmakers and explain to them our part of the story/ They need to be told and made aware that we live in their constituencies and our grievances are genuine and need to be addressed.
And although this particular bill does not affect people that are here already.. Beware!! the noose is tightening- the next on the chopping block is EB Immigrants.
Not sure if senator is missing it or dodging it ....
The senator is missing it or dodging it - it clearly means one thing -we are invisible as constituents. We are being taken for a ride only because we do not speak up or go meet our lawmakers. They do not see us as ordinary constituents having the same issues as their other constituents. The whole human -angle is missing.
We have to go meet our lawmakers and explain to them our part of the story/ They need to be told and made aware that we live in their constituencies and our grievances are genuine and need to be addressed.
And although this particular bill does not affect people that are here already.. Beware!! the noose is tightening- the next on the chopping block is EB Immigrants.
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bitu72
03-10 01:19 PM
as per last page of this document(bulet point 16) they deffered the decision on exempting nurses from EB quoutas.. but i think we heard them saying its approved...
admin/guru's u r comments please..
http://www.shusterman.com/pdf/specterbill30906.pdf
admin/guru's u r comments please..
http://www.shusterman.com/pdf/specterbill30906.pdf
more...
9years
10-29 11:13 AM
NO LUD on I-485 yet.
Thanks.
Thanks.
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mmillo
06-08 12:30 AM
Will Fannie/Freddie give loan with 20% down while in AOS? i mean in regualr interest rate?
Thanks
Thanks
more...
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sunny1000
02-27 12:04 AM
still waiting...july 2002...NY
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immivo
04-01 08:46 AM
anyone renew FL DL when H1b extension pending & I-94 expired ? I heard recipe notice is ok but I didn't find any guide line from their web site .any input is greatly appreciated.
more...
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mbawa2574
07-06 01:38 AM
From last 2 years I have not seen activity other than Aman, Himanshu & Puneet.
What are other boys doing in the team ? We need election guys. This is not Iran :-)
Aman Kapoor is the co-founder of Immigration Voice and is our liaison with other groups and agencies. Mr. Kapoor has been working in US for the last eight years. The prolonged employment-based immigration process has continued to hurt Mr. Kapoor�s career growth prospects. Mr. Kapoor possesses strong technical skills and has contributed in many high profile projects with large clients across the country. He has a Bachelors� degree in Engineering and is presently pursuing his MBA. His permanent residency application is being processed and the I-485 approval has been pending for more than 28 months. Mr. Kapoor and his family are now on third year EAD and continue to await approval of their Green Card application. Mr. Kapoor�s handle is WaldenPond and his email is aman@immigrationvoice.org
Himanshu is an advertising and design professional with Masters from a US university and undergraduate from a top Institute in India. He has an illustrious career working with leading companies has won numerous awards. His Green card application was stuck at the Backlog Elimination Center and after lot of wait, changed his employer, started his process all over again with a new PD. He is responsible for media, publicity and funding efforts of Immigration Voice. His ID on Immigration Voice is 'pappu' and can be reached at himanshu@immigrationvoice.org
Nagaraj is a Systems Analyst working in the health care industry for the past 5 years on a H-1 Visa. His tag on IV is indio0617. He has degrees in Physics and Computer Information systems from the University of Madras and University of Houston ,respectively. His Green card application is stuck in the Backlog Center with a pending labor certificate since February 2004. He can be contacted at nagaraj@immigrationvoice.org
Naren has a Masters in Engineering from a US university and works as a Project Manager for a FORTUNE Top 10 Employer Company. Naren has had extensive global experience in business continuation, service delivery, as well as account management with leading Global corporations. Like several others, he is affected by retrogression. Naren is responsible for the Free Immigration Advice Program at IV (Au Gratis) and liaises with immigration attorneys as part of this role. His handle is sertasheep and he can be reached at sertasheep@immigrationvoice.org
Pratik has an MBA degree from a US university and MSc degree from India . He is currently working as a Marketing Consultant. He has worked with several companies in , Europe and US. His I-140 is in process and he will follow others in the queue to file I-485. The unavailability of Employment Based Visa's restricts him from making any kind of long term commitments. He can be contacted at pratik@immigrationvoice.org
Puneet is an Endocrinologist practicing in a major urban health care system located in an underserved area. He graduated from the All India Institute of Medical Sciences and has trained at NYU and the Mayo Clinic. He leads the Minnesota chapter of IV and is currently helping build the IV-Physicians chapter. He recently filed a National Interest Waiver, after USCIS finally accepted the eligibility of specialist physicians for the program. The delayed priority date however, means a long wait for a green card. He lives in the twin cities with his wife (who is pursuing a PhD) and their 3 year old daughter.His IV handle is 'Paskal'.
Rajatish Mukherjee is a Software Developer in one of the world's largest software companies. He came to US in the year 1999. In Mar 2005, his employer started his green card application; his labor certification is still pending at the Dallas Labor Backlog Center . He holds a Bachelors degree in Computer Science & Engineering from and a Masters in Computer Science from US. He is currently looking at another 4-6 years of waiting before he can file his I-485 and probably another 2 years after that to get the green card. In the meantime he cannot make any important decisions like investment commitments. Rajatish's id on Immigration Voice is mrajatish and he can be reached at raj@immigrationvoice.org
Xiheng is a software engineer helping develop trading platforms in the financial industry. He didn't want to be stuck in a position where he didn't see much career growth, especially hindered by a BEC'ed labor certification, and therefore, he joined a new company that sponsored his PERM application in the EB3 category. After witnessing the great efforts of Immigration Voice in May/June 2006, he decided on two things: 1) petition his employer to refile his PERM in EB2/China category, and 2) help Immigration Voicce out as he can. He hopes to help this organization with the paid membership drive initiative. His handle is xu1.
What are other boys doing in the team ? We need election guys. This is not Iran :-)
Aman Kapoor is the co-founder of Immigration Voice and is our liaison with other groups and agencies. Mr. Kapoor has been working in US for the last eight years. The prolonged employment-based immigration process has continued to hurt Mr. Kapoor�s career growth prospects. Mr. Kapoor possesses strong technical skills and has contributed in many high profile projects with large clients across the country. He has a Bachelors� degree in Engineering and is presently pursuing his MBA. His permanent residency application is being processed and the I-485 approval has been pending for more than 28 months. Mr. Kapoor and his family are now on third year EAD and continue to await approval of their Green Card application. Mr. Kapoor�s handle is WaldenPond and his email is aman@immigrationvoice.org
Himanshu is an advertising and design professional with Masters from a US university and undergraduate from a top Institute in India. He has an illustrious career working with leading companies has won numerous awards. His Green card application was stuck at the Backlog Elimination Center and after lot of wait, changed his employer, started his process all over again with a new PD. He is responsible for media, publicity and funding efforts of Immigration Voice. His ID on Immigration Voice is 'pappu' and can be reached at himanshu@immigrationvoice.org
Nagaraj is a Systems Analyst working in the health care industry for the past 5 years on a H-1 Visa. His tag on IV is indio0617. He has degrees in Physics and Computer Information systems from the University of Madras and University of Houston ,respectively. His Green card application is stuck in the Backlog Center with a pending labor certificate since February 2004. He can be contacted at nagaraj@immigrationvoice.org
Naren has a Masters in Engineering from a US university and works as a Project Manager for a FORTUNE Top 10 Employer Company. Naren has had extensive global experience in business continuation, service delivery, as well as account management with leading Global corporations. Like several others, he is affected by retrogression. Naren is responsible for the Free Immigration Advice Program at IV (Au Gratis) and liaises with immigration attorneys as part of this role. His handle is sertasheep and he can be reached at sertasheep@immigrationvoice.org
Pratik has an MBA degree from a US university and MSc degree from India . He is currently working as a Marketing Consultant. He has worked with several companies in , Europe and US. His I-140 is in process and he will follow others in the queue to file I-485. The unavailability of Employment Based Visa's restricts him from making any kind of long term commitments. He can be contacted at pratik@immigrationvoice.org
Puneet is an Endocrinologist practicing in a major urban health care system located in an underserved area. He graduated from the All India Institute of Medical Sciences and has trained at NYU and the Mayo Clinic. He leads the Minnesota chapter of IV and is currently helping build the IV-Physicians chapter. He recently filed a National Interest Waiver, after USCIS finally accepted the eligibility of specialist physicians for the program. The delayed priority date however, means a long wait for a green card. He lives in the twin cities with his wife (who is pursuing a PhD) and their 3 year old daughter.His IV handle is 'Paskal'.
Rajatish Mukherjee is a Software Developer in one of the world's largest software companies. He came to US in the year 1999. In Mar 2005, his employer started his green card application; his labor certification is still pending at the Dallas Labor Backlog Center . He holds a Bachelors degree in Computer Science & Engineering from and a Masters in Computer Science from US. He is currently looking at another 4-6 years of waiting before he can file his I-485 and probably another 2 years after that to get the green card. In the meantime he cannot make any important decisions like investment commitments. Rajatish's id on Immigration Voice is mrajatish and he can be reached at raj@immigrationvoice.org
Xiheng is a software engineer helping develop trading platforms in the financial industry. He didn't want to be stuck in a position where he didn't see much career growth, especially hindered by a BEC'ed labor certification, and therefore, he joined a new company that sponsored his PERM application in the EB3 category. After witnessing the great efforts of Immigration Voice in May/June 2006, he decided on two things: 1) petition his employer to refile his PERM in EB2/China category, and 2) help Immigration Voicce out as he can. He hopes to help this organization with the paid membership drive initiative. His handle is xu1.
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sam2006
07-19 12:53 AM
thank you :)
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
more...
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Green.Tech
06-18 04:31 PM
No one but you need to work for yourself in this GC mess.
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Green.Tech
06-02 12:43 PM
...to stay on top!
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GC-Italy
03-11 03:47 PM
Something just popped up from my family.
I filed concurrent 140-485-765-131 in Nebraska.
DHL delivered the package on 1st of february.
My checks were not yet cashed and I did not get any reply from USCIS (and neither did my lawyer).
My lawyer said it is impossible and I am better off refiling but this implies redoing a lot of things that cost money and time.
How can I try to expedite without a receipt number?
I filed concurrent 140-485-765-131 in Nebraska.
DHL delivered the package on 1st of february.
My checks were not yet cashed and I did not get any reply from USCIS (and neither did my lawyer).
My lawyer said it is impossible and I am better off refiling but this implies redoing a lot of things that cost money and time.
How can I try to expedite without a receipt number?
ebizash
07-24 08:05 PM
If somebody is sending this letter, please do not send it without taking care of word-suggested corrections. There are too many green lines, most of the times because of spacing between two words.
OP - My intention is not to offend you but to point out the need for improvement in the document.
OP - My intention is not to offend you but to point out the need for improvement in the document.
Humhongekamyab
04-30 02:15 PM
Does anyone else have the same problem. The webcast is erroring out.. saying page not found .
Let's try at 2:30 PM.
Let's try at 2:30 PM.
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