ash27
06-12 04:35 PM
Can somebody frame a letter that we can use to report L1 fraud. And, folks its big companies like accenture and hewitt too exploting loopholes in L1. in my current place, most of experienced workers will be replaced by folks on L1. I dont want to come across as negative. My only point is if there are any violations, lets report it and have everybody follow the rules and regulations...
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485Mbe4001
09-24 02:15 PM
You are correct, EB 3 I has less than 3k visas available. I have confirmed the number on Greg Siskinds blog. There is minor problem with BharatPremi's analysis. EB3 I's... we really need to do something about recapture. There will be no spillover available for EB3-I till 2012.
Analysis by BharatPremi is wrong.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
Analysis by BharatPremi is wrong.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
eb3retro
02-24 03:41 PM
Thanks for pointing that out. Yes it is all there :-)
but, no mention of able to file 485 without priority dates though.
but, no mention of able to file 485 without priority dates though.
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gondalguru
07-16 01:48 AM
Applying 485 through Spouse
--------------------------------------------------------------------------
My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.
Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?
Your valuable response is highly appreciated.
Interfiling I-485 is not possible in your case. Recommended option will be to file a second I-485 set to use your EB2 category benefit. Again talk to you attorney and get his expert advise.
Copy - Paste from usvisahelp website forum/blog
What if my spouse and I both have approved/ pending I-140s?
Some of our clients who have pending or approved I-140 petitions also have a spouse with a pending/ approved I-140 petition. The question arises of which I-140 petition to attach the I-485 filing to. This determination depends on several factors, including which spouse has greater job security; whether one spouse wishes to leave his/her employer; whether one spouse is in a preference category for which visa numbers will become available more quickly, etc.
In a recent meeting with the American Immigration Lawyers Association (AILA), USCIS officials stated that while the regulations do not prohibit the filing of multiple adjustment of status applications by one alien, if one person does file two such applications, they may pick one to deny since both cannot be approved. USCIS also stated that where one alien is the principal applicant and the other is the derivative, the I-485 applications cannot be transferred to the other spouse’s I-140 petition. Instead, the pending I-485s must be withdrawn and new I-485s must be filed with the other spouse listed as the principal applicant.
--------------------------------------------------------------------------
My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.
Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?
Your valuable response is highly appreciated.
Interfiling I-485 is not possible in your case. Recommended option will be to file a second I-485 set to use your EB2 category benefit. Again talk to you attorney and get his expert advise.
Copy - Paste from usvisahelp website forum/blog
What if my spouse and I both have approved/ pending I-140s?
Some of our clients who have pending or approved I-140 petitions also have a spouse with a pending/ approved I-140 petition. The question arises of which I-140 petition to attach the I-485 filing to. This determination depends on several factors, including which spouse has greater job security; whether one spouse wishes to leave his/her employer; whether one spouse is in a preference category for which visa numbers will become available more quickly, etc.
In a recent meeting with the American Immigration Lawyers Association (AILA), USCIS officials stated that while the regulations do not prohibit the filing of multiple adjustment of status applications by one alien, if one person does file two such applications, they may pick one to deny since both cannot be approved. USCIS also stated that where one alien is the principal applicant and the other is the derivative, the I-485 applications cannot be transferred to the other spouse’s I-140 petition. Instead, the pending I-485s must be withdrawn and new I-485s must be filed with the other spouse listed as the principal applicant.
more...
GCard_Dream
06-29 03:58 PM
Oh's website is like a thanks giving store sale. Stores advertise super duper low prices for stuff and when you get there, they will just say that the item is sold out. They only keep handful in the inventory so the first few who camped out overnight will get it and rest will get frustration. The main idea is to bring people in the store so that they will buy other stuff while they are there.
Oh also uses the same tactic. He just announces sensational news all the time so people keep visiting his web site and more often than not, he'll just go back and retract the statement. The idea is not to share the news but to keep the traffic coming on his website for spicy breaking news and some might end up becoming his client.
I say the trick works. Even though I know that not everything he says can be trusted, I still visit his website to see if he has any new rumor. Go figure.
Oh also uses the same tactic. He just announces sensational news all the time so people keep visiting his web site and more often than not, he'll just go back and retract the statement. The idea is not to share the news but to keep the traffic coming on his website for spicy breaking news and some might end up becoming his client.
I say the trick works. Even though I know that not everything he says can be trusted, I still visit his website to see if he has any new rumor. Go figure.
pmb76
07-14 04:03 PM
Please sign the petition below
http://www.petitiononline.com/loudobbs/petition.html
http://www.petitiononline.com/loudobbs/petition.html
more...
pappu
01-08 03:36 PM
Multiple-Year Single EAD-AP Card Reportedly Limited to Visa Regrogression 485 Filers
Some more details have been released on Mr. Aytes' statement on this plan. Reportedly, such multiple year card may be issued only to those who suffer the visa number retrogression. In other words, those 485 filers who will experience delays in 485 applications who do not suffer from the visa number retrogression but from the USCIS delays including namechecks are not likely to benefit from the upcoming multi-year card issuance.
I posted about this here
http://immigrationvoice.org/forum/showthread.php?p=212615#post212615
Some more details have been released on Mr. Aytes' statement on this plan. Reportedly, such multiple year card may be issued only to those who suffer the visa number retrogression. In other words, those 485 filers who will experience delays in 485 applications who do not suffer from the visa number retrogression but from the USCIS delays including namechecks are not likely to benefit from the upcoming multi-year card issuance.
I posted about this here
http://immigrationvoice.org/forum/showthread.php?p=212615#post212615
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sheela
11-06 02:31 PM
I spoke to IO this morning regarding NC clearance for my family (7/2 filers). I was told whereas, my derivative's (wife and daughter) names have been cleared but there is no information on my clearance. She furthur told me the names were submitted on 8/30/07 and was told to wait for another month or so.
Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
more...
chanduv23
11-12 12:25 PM
got a reply from ombudsman....iam sure others got this too...
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.
If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.
Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.
Thank you for your cooperation.
Please work with pd_recapturing on this. He is communicating with folks whose 485 has been denied erroneously and those who are willing to give their details.
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.
If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.
Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.
Thank you for your cooperation.
Please work with pd_recapturing on this. He is communicating with folks whose 485 has been denied erroneously and those who are willing to give their details.
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desi3933
06-18 11:55 AM
Since the threshold for outsourcing is quite a bit lower in a recession - I am suggesting that we don't pick this fight right now and wait for a little while.
Translation: Since my job is not impacted by this issue, I am not interested in reporting this fraud. I will wait, until my job gets affected.
Is that you have in mind, Mr. PuttonHead
.
Translation: Since my job is not impacted by this issue, I am not interested in reporting this fraud. I will wait, until my job gets affected.
Is that you have in mind, Mr. PuttonHead
.
more...
grupak
03-24 09:04 AM
This is the email I just received from CapitalOne:
"Sorry for the delay in responding. I've been out of the office unexpectedly and am now just getting a chance to catch up on past messages. Unfortunately we can't pursue candidates with EAD cards either."
There was a thread related to similar issues which I could not find. Apologies for opening a new one.
Doesn't the above constitute discrimination and illegal ? What recourse do we have when we are disqualified because of EAD ?
Is this for a job?
According to I-9 form, employers can't discriminate based on EAD. There are some exception where they require security clearance for the jobs.
You might want to remind CapitalOne of this anti-discrimination notice on I-9 or bring it to the notice of USCIS.
"Sorry for the delay in responding. I've been out of the office unexpectedly and am now just getting a chance to catch up on past messages. Unfortunately we can't pursue candidates with EAD cards either."
There was a thread related to similar issues which I could not find. Apologies for opening a new one.
Doesn't the above constitute discrimination and illegal ? What recourse do we have when we are disqualified because of EAD ?
Is this for a job?
According to I-9 form, employers can't discriminate based on EAD. There are some exception where they require security clearance for the jobs.
You might want to remind CapitalOne of this anti-discrimination notice on I-9 or bring it to the notice of USCIS.
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venky08
01-07 10:07 PM
my letters are on the way GO IV GO...
more...
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mirsava
01-09 01:56 PM
My I485 is pending since October of 2006. I had a RFE for medical in april of 2007 and replied quickly. Since then there is no movement in my case. I contacted USCIS several times and they told me that my name check is pending...
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singhv_1980
01-22 12:57 PM
there is one place where you enter petition info.. when I booked online appointment for mumbai.. I had to enter petition info online... it doesn't show up anywhere on any form but we do need to enter it online.
When is your interview and where? Will this be your first stamping?
When is your interview and where? Will this be your first stamping?
more...
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ilwaiting
06-29 06:16 PM
Man this is Federal government dude and more over part of DHS. This is not a privately owned corrupted company where they can dick around with people.
This is nothing new, things like this happen in almost all parts of the world. Remember Enron, one fine morning thousands of people found that their life savings or retirment savings got wiped out clean with nothing to fall back on. Same could be said of about a lot of dot com millionaires. Life is very very unfair, what other explanation do we have other than that.
This is nothing new, things like this happen in almost all parts of the world. Remember Enron, one fine morning thousands of people found that their life savings or retirment savings got wiped out clean with nothing to fall back on. Same could be said of about a lot of dot com millionaires. Life is very very unfair, what other explanation do we have other than that.
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logiclife
12-31 07:19 PM
US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that
http://www.flight-capital.com/
This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.
http://www.flight-capital.com/
This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.
more...
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desitechie
10-05 01:40 PM
I am not talking about calling cards. ALLVOI is also a VOIP service like Vonage and has the same deal on free US calls etc. However, their India pkg is much better IMO.
Hows ALLVOI quality compared to Vonage for India calls?
Hows their customer service?
I know Vonage's CS is bad.
Thanks
Hows ALLVOI quality compared to Vonage for India calls?
Hows their customer service?
I know Vonage's CS is bad.
Thanks
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gcgreen
08-07 02:50 PM
See, that's the reason I think the lawsuit idea has issues. I suspect the lawsuit may end up making life difficult for a lot of genuine cases without actually achieving what you set out to achieve.
But I have no data one way or the other.
The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
So guess who are the people who are most benefitted by this...
But I have no data one way or the other.
The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
So guess who are the people who are most benefitted by this...
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pani_6
08-21 08:47 PM
current Visa bullettin does not give any info about next months...its talks about other workers..can you point to the sentence where it says it going to be april01-nov 01??..
Besides..you have been waiting very long from 01..just like me..incruiating..wait..
The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.
I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2
What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.
The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.
Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.
Besides..you have been waiting very long from 01..just like me..incruiating..wait..
The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.
I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2
What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.
The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.
Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.
SunnySurya
08-07 12:56 PM
You should be working with me to make this happen. I cannot do without you. Think clearly the depth of the issue.
The letter campaign resulted in 5000 odd letters from the entire EB community. This included efforts from some very hardworking IV people who did not spend time on the forums but went out and collected 100s of letters, one collected more than a thousand letters. So i am guessing that not more than 2000 EB folks got their collective butts to participate in the letter campaign.
if you expect EB2 I and the so call US educated (i am too, hence i can use 'so called') folks to stop chatting on the forums and send money and letters in the tens of thousands, then please tell me want you smoke --- i would like to inhale some of that magic too.
good luck towards your efforts. if you make it happen then, in all honesty, i would also like to nominate you to the core team, if you dont then i have a bridge in brooklyn that i want to sell.
The letter campaign resulted in 5000 odd letters from the entire EB community. This included efforts from some very hardworking IV people who did not spend time on the forums but went out and collected 100s of letters, one collected more than a thousand letters. So i am guessing that not more than 2000 EB folks got their collective butts to participate in the letter campaign.
if you expect EB2 I and the so call US educated (i am too, hence i can use 'so called') folks to stop chatting on the forums and send money and letters in the tens of thousands, then please tell me want you smoke --- i would like to inhale some of that magic too.
good luck towards your efforts. if you make it happen then, in all honesty, i would also like to nominate you to the core team, if you dont then i have a bridge in brooklyn that i want to sell.
karthiknv143
06-29 07:05 PM
Originally Posted by yawl
AILA Follow-up to Update on July Visa Availability
From: AILA National
Sent: Friday, June 29, 2007 5:48 PM
Subject: Follow-up to Update on July Visa Availability
Further to the email earlier today about July visa availability:
Several members have asked whether they should continue in their efforts to
file adjustment of status applications for employment-based cases. Of course
, this is a matter for each attorney's best judgment, but note that:
-It is not certain what day the revised Bulletin will be issued.
-It is possible that the revised bulletin will not issue at all--efforts to
stop this unprecedented action are being pursued.
-If you "front desk" the application, i.e. decide it is futile to file, and
a remedy opens up later, having submitted the applications may improve the
chances of utlizing whatever fix might be available.
-If you do submit the adjustments, be sure to use a method whereby you can
document delivery, and keep that documentation for each client.
-AILF's Legal Action Center is seeking plaintiffs with respect to both the
adjustment applications that were or are expected to be rejected for June
and the adjustment applications that are expected to be rejected in July. Go
to InfoNet Document # 07062975: http://www.aila.org/content/default.aspx?docid=22798 on InfoNet for the Potential Plaintiff Questionnaire and related FAQ.
We cannot predict now what will happen, but will continue to update the
membership as developments occur.
AILA Follow-up to Update on July Visa Availability
From: AILA National
Sent: Friday, June 29, 2007 5:48 PM
Subject: Follow-up to Update on July Visa Availability
Further to the email earlier today about July visa availability:
Several members have asked whether they should continue in their efforts to
file adjustment of status applications for employment-based cases. Of course
, this is a matter for each attorney's best judgment, but note that:
-It is not certain what day the revised Bulletin will be issued.
-It is possible that the revised bulletin will not issue at all--efforts to
stop this unprecedented action are being pursued.
-If you "front desk" the application, i.e. decide it is futile to file, and
a remedy opens up later, having submitted the applications may improve the
chances of utlizing whatever fix might be available.
-If you do submit the adjustments, be sure to use a method whereby you can
document delivery, and keep that documentation for each client.
-AILF's Legal Action Center is seeking plaintiffs with respect to both the
adjustment applications that were or are expected to be rejected for June
and the adjustment applications that are expected to be rejected in July. Go
to InfoNet Document # 07062975: http://www.aila.org/content/default.aspx?docid=22798 on InfoNet for the Potential Plaintiff Questionnaire and related FAQ.
We cannot predict now what will happen, but will continue to update the
membership as developments occur.
