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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seahawks
09-09 11:55 PM
and i am NOT the real Lou Dobbs. But in all seriousness guy, I think we really have to wake up. We are illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
Wish you could attend the rally. "Waking up" equals coming to the rally:) Thank you for contribution, appreciate very much.
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
Wish you could attend the rally. "Waking up" equals coming to the rally:) Thank you for contribution, appreciate very much.
vinabath
07-20 12:52 PM
Thank you so much for this reply
Hey make sure that I am right by talking to an attorney. They usually charge $150 for for this suggestion. Please spend that money. If you do not have that money, I will give you a loan. Pay me back once you start working.
Hey make sure that I am right by talking to an attorney. They usually charge $150 for for this suggestion. Please spend that money. If you do not have that money, I will give you a loan. Pay me back once you start working.
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Suva
07-18 02:57 PM
Don't get disapointed. The date would retrogress to 2003/2004 very soon. So most of the applicants whose PD is after the cutoff date would not qualify for approvals. As your PD is very old you would be benifitted as you would be current in this case.
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
more...
skgs2000
04-30 05:02 PM
I called each one of them! And explained to let us file 485 immeditely after 140 approval! And talked about putting us in front of line before undocumented workers!
sprash
03-12 06:08 PM
I know I might get bashed over this - but I don't see the so called "freeloaders" like me to be worthless as donors often tend to accuse.
In the past, I have doled out valuable information.... and have taken pains to scan my RFE and post it with detailed explanations etc for the benefit of the community. I have replied to people to the best of my knowledge and participated in numerous mailing campaigns. While those efforts may not be even close to what others have done here, I do believe that donations should be just that 'donations' and not turn that into a 'membership'.
Already I see people asking for exceptions "I have done xyz so I should get free access etc". I'm with that other 'donor' who said that we have enough divisions in our community already.
Keep in mind that by giving such an incentive to pay, you are also giving a disincentive for people to participate and share their data and their valuable experiences (thats not freeloading!).
In the past, I have doled out valuable information.... and have taken pains to scan my RFE and post it with detailed explanations etc for the benefit of the community. I have replied to people to the best of my knowledge and participated in numerous mailing campaigns. While those efforts may not be even close to what others have done here, I do believe that donations should be just that 'donations' and not turn that into a 'membership'.
Already I see people asking for exceptions "I have done xyz so I should get free access etc". I'm with that other 'donor' who said that we have enough divisions in our community already.
Keep in mind that by giving such an incentive to pay, you are also giving a disincentive for people to participate and share their data and their valuable experiences (thats not freeloading!).
more...
jimytomy
04-11 08:15 PM
@AllVNeedGCPC : Did you get any updates on your I-485 ?
@gene77 : Any update on your REF ?
Thanks!
jimytomy
@gene77 : Any update on your REF ?
Thanks!
jimytomy
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satishku_2000
07-05 03:25 PM
BharatPremin you in CA?
more...
sam2006
07-19 01:27 AM
thank you raju
Contributed $100 yesterday.
Will contribute again next month.
Keep up the good work.
___________________________
Total Contribution So Far $175+
Contributed $100 yesterday.
Will contribute again next month.
Keep up the good work.
___________________________
Total Contribution So Far $175+
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AllVNeedGcPc
03-22 10:05 PM
... thanks for sharing.
My First Post :
Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.
Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.
My First Post :
Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.
Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.
more...
GayatriS
01-08 06:43 PM
And respect and humility are another thing that differentiate us Indians from others!
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Green.Tech
06-12 03:59 PM
We need to stand up for ourselves. Please contribute so IV can keep lobbying for our cause in DC.
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sidbee
03-17 07:36 PM
Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
Dont make news , which is not true.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
Dont make news , which is not true.
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WeShallOvercome
08-02 04:08 PM
I just spoke to a lady at USCIS and she told me they just started working on case receipts for July 2nd and onwards so in next couple of weeks most of you who filed in first week of july should see their receipts..this is what she told me and she sounded very authentic..
I think they are all on same page. Entering all applications in their systems by monday and another8-10 days for all to get receipts makes it 2 weeks :)
I think they are all on same page. Entering all applications in their systems by monday and another8-10 days for all to get receipts makes it 2 weeks :)
more...
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bobzibub
06-26 07:46 PM
nothing if people leave!! and similarly it gains a little bit if people stay and continue.
which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...
The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.
For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.
which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...
The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.
For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.
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roorry
07-20 11:18 AM
Anybody have a link to the text of amendment. Are we sure, it had any text related to us ?
I guess this link provides the context of the ammendment...
http://cornyn.senate.gov/index.asp?f=record&lid=1&rid=237544
I guess this link provides the context of the ammendment...
http://cornyn.senate.gov/index.asp?f=record&lid=1&rid=237544
more...
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Macaca
10-01 04:07 PM
If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
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pvhemanth
09-15 12:29 AM
For every $100 one time contribution by first time contributors I will match $25.00
First time contributor, here are my order details from PAYPAL.
Payment Details
Transaction ID: 2UJ24640TV032825U
Item Price: $100.00 USD
Total: $100.00 USD
Order Description: Contributions
First time contributor, here are my order details from PAYPAL.
Payment Details
Transaction ID: 2UJ24640TV032825U
Item Price: $100.00 USD
Total: $100.00 USD
Order Description: Contributions
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skv
06-18 01:13 PM
goes to automated voicemail:mad: :mad: :mad: :mad: :mad:
B'cox, they are receiving lots of call recently due to PD movement. :-)
Hope they will respond, if you had left a voice mail.
B'cox, they are receiving lots of call recently due to PD movement. :-)
Hope they will respond, if you had left a voice mail.
I_need_GC
03-14 09:53 AM
:confused:Dear All,
I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?
APPRECIATE INPUTS FROM THE EXPERIENCED/SIMILAR SITUATION. Any USCIS link will also help.
Regards
Well my friend people here will tell you that once you use AP your h1B is not valid any more thats not true. I confirmed this with 2 Immigration officers and my attorney. AP and h1b have nothing to do with each other. One is an entry permit the other is to work with a specific company. no link so use you AP at re entry when IO ask why did you go to india don't say vacation. thats all.
I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?
APPRECIATE INPUTS FROM THE EXPERIENCED/SIMILAR SITUATION. Any USCIS link will also help.
Regards
Well my friend people here will tell you that once you use AP your h1B is not valid any more thats not true. I confirmed this with 2 Immigration officers and my attorney. AP and h1b have nothing to do with each other. One is an entry permit the other is to work with a specific company. no link so use you AP at re entry when IO ask why did you go to india don't say vacation. thats all.
GeetaRam
12-01 09:33 AM
Thanks a lot for your reply 9 years...
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