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abhijitp
07-28 02:02 AM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
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db_greencard
09-26 09:46 AM
This article is totally messed up.
vbkris77
03-10 04:18 PM
Thanks for the reply. I already contributed fo FOIA campaign.
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
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ronhira
02-08 08:33 PM
Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.
agree 100%
agree 100%
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serg
07-01 09:54 PM
When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
At the time when nobody could, Sir Alexander Fleming find out about penicillin. But we are not alone tho ;)
At the time when nobody could, Sir Alexander Fleming find out about penicillin. But we are not alone tho ;)
cdeneo
03-07 02:28 PM
Can someone please shed light on this - I was looking for the same information.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
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pappu
04-24 12:03 PM
Congrats and best wishes.
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zuhail
03-10 04:15 PM
The Visa re-capture issue could be taken immediately after the FOIA issue.
But I guess it would be all up to the IV team to decide the agenda of this organization.
It would be nice to focus all our efforts and time on ONE issue only.
When we start adding other proposals (which only gives us only temporary relief), the main message gets lost invariably.
I think we could set-up a poll as below: (it would give us an idea about the support in this forums to achieve this target:)
Poll:
To ONLY Re-Capture Un-used visa numbers:
I truthfully would pledge:
i) $100 in 15 days
ii) $200 in 15 days
iii) $500 or more in 15 days.
Any one donation NOT to be less than $100 PLEASE.
I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.
But I guess it would be all up to the IV team to decide the agenda of this organization.
It would be nice to focus all our efforts and time on ONE issue only.
When we start adding other proposals (which only gives us only temporary relief), the main message gets lost invariably.
I think we could set-up a poll as below: (it would give us an idea about the support in this forums to achieve this target:)
Poll:
To ONLY Re-Capture Un-used visa numbers:
I truthfully would pledge:
i) $100 in 15 days
ii) $200 in 15 days
iii) $500 or more in 15 days.
Any one donation NOT to be less than $100 PLEASE.
I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.
more...
gcseeker2002
12-28 02:49 PM
I had similar problem with United last year. I was flying thruogh Malaysian airlines and United charged me for extra 20 LBs. But it was checked in till India.
Delta is more helpful that way, one of my friends family had separate tickets on Delta and Malaysian, but the delta checkin guy checked in for both flights upto India, and even allowed the 70lbs on the delta part of the flight.
Delta is more helpful that way, one of my friends family had separate tickets on Delta and Malaysian, but the delta checkin guy checked in for both flights upto India, and even allowed the 70lbs on the delta part of the flight.
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ragu
02-19 09:03 PM
are nil. Politicians are not going to touch immigration even with a 10 foot pole right now.
I'm one of those who say with pride that I can create jobs and buy houses. Then why will not congress or policy makers not touch this. As some here said it depends upon what we think about ourselves. I know many people who like to work under someone even after 10-15 years, my brother is like that, and I know many more like me who want to start companies, employ many people, and do bigger things. Both may be right in their own ways, but if you project yourself like me, then the doors will open.. Show enterprise..
I'm one of those who say with pride that I can create jobs and buy houses. Then why will not congress or policy makers not touch this. As some here said it depends upon what we think about ourselves. I know many people who like to work under someone even after 10-15 years, my brother is like that, and I know many more like me who want to start companies, employ many people, and do bigger things. Both may be right in their own ways, but if you project yourself like me, then the doors will open.. Show enterprise..
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alex99
07-11 07:35 PM
EB3 PERM
Labor Filed: August 27th 2006
I-140 filed at NSC on 12th November
Still waiting for approval
Sent 485 App to NSC on July 2nd....
Regards,
Alex
Labor Filed: August 27th 2006
I-140 filed at NSC on 12th November
Still waiting for approval
Sent 485 App to NSC on July 2nd....
Regards,
Alex
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Libra
09-10 12:09 PM
no, not those people, but my guess many people who are working for desi companies like me defenitely feel this way.
SO LET'S GO TO DC.
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
SO LET'S GO TO DC.
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
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bayarea07
09-10 02:22 PM
I do see some action now on http://judiciary.house.gov/hearings/calendar.html
HR6020 is being presented right now
I dont think its the Right Link the link that you sent has lot of action going on but
http://judiciary.house.gov/hearings/calendar.html
has people moving all over the place and no action
HR6020 is being presented right now
I dont think its the Right Link the link that you sent has lot of action going on but
http://judiciary.house.gov/hearings/calendar.html
has people moving all over the place and no action
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lord_labaku
11-11 12:54 PM
is to play the same tune. We should repeat the Obama campaign taglines.
We should re-iterate that high skilled immigrants are the CHANGE that America is looking for.
We are going to help generate jobs in America. We are going to keep America in the forefront in technology. We are going to make America competitive again. We the high skilled immigrants are going to restore prosperity to America. We are going to research new energy sources. We will renew Americas promise -
"It is that American spirit - that American promise - that pushes us forward even when the path is uncertain; that binds us together in spite of our differences; that makes us fix our eye not on what is seen, but what is unseen, that better place around the bend."
Yes We can.
We should re-iterate that high skilled immigrants are the CHANGE that America is looking for.
We are going to help generate jobs in America. We are going to keep America in the forefront in technology. We are going to make America competitive again. We the high skilled immigrants are going to restore prosperity to America. We are going to research new energy sources. We will renew Americas promise -
"It is that American spirit - that American promise - that pushes us forward even when the path is uncertain; that binds us together in spite of our differences; that makes us fix our eye not on what is seen, but what is unseen, that better place around the bend."
Yes We can.
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sumansk
01-17 02:55 PM
Just Made a my Contribution.
Thanks
Thanks
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tejaswiyvs
10-10 12:42 PM
Wow. period.
I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.
We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.
Here's the actual conversation.
Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".
Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"
Officer1: "Sir, your documents"
Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."
Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."
Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"
Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"
(They talk)
Officer 1: "Are these valid?"
Me: "Yes"
Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
Me: "F-1?"
Officer 1: Name?
Me: I tell him.
He calls someone up, finds out, checks my status and returns my ID.
And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".
Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(
Damn, I miss India now.
I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.
We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.
Here's the actual conversation.
Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".
Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"
Officer1: "Sir, your documents"
Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."
Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."
Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"
Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"
(They talk)
Officer 1: "Are these valid?"
Me: "Yes"
Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
Me: "F-1?"
Officer 1: Name?
Me: I tell him.
He calls someone up, finds out, checks my status and returns my ID.
And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".
Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(
Damn, I miss India now.
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amitjoey
07-03 04:15 PM
I understand your concern, it could be a waste of time and might not get us relief, but look, we have been trying to raise awareness and get media attention. And this law-suit will definately get us attention and open up debate about legal-immigrants.
Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
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little_willy
09-18 11:44 PM
I was there and am proud to be part of such dedicated individuals:) It was great to catch up with Aman, pappu, logiclife etc. Most of the congressmen's office I met were of the view that it is high time we come out in open and fight for our cause. One legal aide explained me how ignorant most of the lawmakers are when it comes to legal vs illegal immigrants. This rally will be an eyeopener for few of them for sure.
Those who missed, I can assure you that Immigration voice is moving in the right direction. With a leader like Aman and unrelenting individuals like Jay(logiclife) and Himanshu(pappu), we can hope to achieve great things.
For individuals who had to excuse themselves from the rally or from any contribution, my question is, when the high profile attorneys and lawmakers believe that we can make a huge impact, why, you being the beneficiary of the very cause and were able to file 485 because of IV's efforts, fail to understand that we could make a difference. It is high time you participate in this effort.
Those who missed, I can assure you that Immigration voice is moving in the right direction. With a leader like Aman and unrelenting individuals like Jay(logiclife) and Himanshu(pappu), we can hope to achieve great things.
For individuals who had to excuse themselves from the rally or from any contribution, my question is, when the high profile attorneys and lawmakers believe that we can make a huge impact, why, you being the beneficiary of the very cause and were able to file 485 because of IV's efforts, fail to understand that we could make a difference. It is high time you participate in this effort.
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nb_des
03-17 01:20 PM
As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
WeShallOvercome
07-20 02:38 PM
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
you don't need PD's to be current to apply for interim benefits like EAD/AP
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
you don't need PD's to be current to apply for interim benefits like EAD/AP
gckabayega
03-17 12:52 PM
Does anyone know how many applicants convereted from EB3 to EB2 ?
I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.
I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.
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