eastindia
04-08 08:39 AM
Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
This is really wonderful.
USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.
I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
This is really wonderful.
USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.
I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.
rishikesh75
11-09 10:47 AM
Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly
Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.
a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.
The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]
b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.
c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]
d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate
Thanks & Regards,
<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94’s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]
Hope this helps
QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]
Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.
a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.
The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]
b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.
c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]
d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate
Thanks & Regards,
<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94’s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]
Hope this helps
QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]
sury
11-15 02:59 PM
-------------------
Current Status: Document mailed to applicant.
we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
------------------
We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...
Current Status: Document mailed to applicant.
we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
------------------
We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...
syedajmal
09-20 08:28 PM
When I put in my application for a 7th year extension based on the fact that my labor was pending for more than a year, I did get a 3 year extension. My company lawyer applied again requesting a one year extension and I recently got it approved.
I believe the assumption from his side was that even though the labor was approved for 3 year it is upto us to get it corrected. Hope this helps. But I believe this would be a good question for one of those conference calls.
I believe the assumption from his side was that even though the labor was approved for 3 year it is upto us to get it corrected. Hope this helps. But I believe this would be a good question for one of those conference calls.
more...
.jpg "Charlie McDermott")
logiclife
09-28 05:38 PM
Hello Everyone,
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
Please keep in mind that your dates must be current when you file the writ of mandamus and your namecheck should be stuck at FBI atleast for 1 year during which your date is current. If your date is not current now, or it has been current for amount of time less than a year, WoM might not work.
Just google the writ of mandamus and there are lawyers who even specialize in such litigation against Government.
There are two threads on this "FBI namecheck delays signup here" thread and "FBI namecheck for dummies" thread on this forum where you will find plenty of information about lawyers. Last year I remember doing a conf call from lawyer for IV members who had FAQ on writ of Mandamus. It should be on the "FBI namecheck delays signup here" thread.
Another thing, if you have a prior misdemeanor conviction like DUI or DWI or something that is on your record, then dont file WoM as it might be counter productive (in the sense that namecheck not being cleared or 485 denial).
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
Please keep in mind that your dates must be current when you file the writ of mandamus and your namecheck should be stuck at FBI atleast for 1 year during which your date is current. If your date is not current now, or it has been current for amount of time less than a year, WoM might not work.
Just google the writ of mandamus and there are lawyers who even specialize in such litigation against Government.
There are two threads on this "FBI namecheck delays signup here" thread and "FBI namecheck for dummies" thread on this forum where you will find plenty of information about lawyers. Last year I remember doing a conf call from lawyer for IV members who had FAQ on writ of Mandamus. It should be on the "FBI namecheck delays signup here" thread.
Another thing, if you have a prior misdemeanor conviction like DUI or DWI or something that is on your record, then dont file WoM as it might be counter productive (in the sense that namecheck not being cleared or 485 denial).
sujijag
09-13 02:00 PM
Common guys we need to make some thing better for EB3 folks.
more...
Googler
06-18 05:10 PM
Our beloved DHS secretary Chertoff says on June 14, 2007:
http://www.dhs.gov/xnews/speeches/sp_1181915713176.shtm
"know Secretary Gutierrez is also dedicated, as am I, to working very hard with members of Congress. We've been up there probably more than in our own offices over the last couple months, trying to make sure that members understand that comprehensive reform, while not perfect, offers the best chance to get all the sectors of the economy what they need in terms of work, offers the opportunity to deal humanely with what is a continuing social problem, and from my standpoint, offers us the best opportunity to maximize our efforts on national security, because, as I have said time and again, when I have agents out hunting illegal lettuce pickers, waiters and housekeepers, they're not chasing drug dealers, criminals and terrorists. I, frankly, think the drug dealers, criminals and terrorists are the biggest threat to this country."
Then why the hell are law abiding scientists, tech workers, students et al being subjected to these kafka-esque name checks?? Seriously. I think we should start bombarding Congressional offices and Chertoff et all with phone calls. Now that the Ombudsman's data is out, USCIS and FBI can no longer say what they have been saying all these years, that the scale of the problem is miniscule.
Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
Sen. Obama and Rep. Gutierrez introduced the Citizen Promotion Act in March 2007. The bill has a provision that asks for a namecheck to be completed in 90 days (also includes mumbo jumbo about GAO studying the problem, but the results are already in thanks to the Ombudsman).
See
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1379:
http://thomas.loc.gov/cgi-bin/query/z?c110:S.795:
We should enlist the co-sponsors of these bills to kill Sec 531 (k) and when CIR finally dies, to pass an amended version of the Citizen Promotion Act.
http://www.dhs.gov/xnews/speeches/sp_1181915713176.shtm
"know Secretary Gutierrez is also dedicated, as am I, to working very hard with members of Congress. We've been up there probably more than in our own offices over the last couple months, trying to make sure that members understand that comprehensive reform, while not perfect, offers the best chance to get all the sectors of the economy what they need in terms of work, offers the opportunity to deal humanely with what is a continuing social problem, and from my standpoint, offers us the best opportunity to maximize our efforts on national security, because, as I have said time and again, when I have agents out hunting illegal lettuce pickers, waiters and housekeepers, they're not chasing drug dealers, criminals and terrorists. I, frankly, think the drug dealers, criminals and terrorists are the biggest threat to this country."
Then why the hell are law abiding scientists, tech workers, students et al being subjected to these kafka-esque name checks?? Seriously. I think we should start bombarding Congressional offices and Chertoff et all with phone calls. Now that the Ombudsman's data is out, USCIS and FBI can no longer say what they have been saying all these years, that the scale of the problem is miniscule.
Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
Sen. Obama and Rep. Gutierrez introduced the Citizen Promotion Act in March 2007. The bill has a provision that asks for a namecheck to be completed in 90 days (also includes mumbo jumbo about GAO studying the problem, but the results are already in thanks to the Ombudsman).
See
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1379:
http://thomas.loc.gov/cgi-bin/query/z?c110:S.795:
We should enlist the co-sponsors of these bills to kill Sec 531 (k) and when CIR finally dies, to pass an amended version of the Citizen Promotion Act.
gchopes
08-04 04:04 PM
my2cents - Agreed and Understood. But what if you are not on H1/H4 and just on EAD/AP aka AOS status. In that case you cannot mail the second AP and return on that. You need to return on the first AP.
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
more...
feblc2002
02-03 04:45 PM
Congratulaions ivar. I guess your dates became current couple of months ago. It took so long for them to approve it ? Could you please give some details on when you got approval notification?
srikondoji
06-28 04:18 PM
What is your nationality?
I know for sure that you can't be Indian?:eek:
--sri
Yeh....1947. Sorry about that.....
I know for sure that you can't be Indian?:eek:
--sri
Yeh....1947. Sorry about that.....
more...
raj2227
10-17 03:18 PM
I changed my adress after filing I-485 and I-765, thru online using AR11 form
Its prety easy and we got our new EAD cards to new adress.
I-485 - July 2nd
I-765 - July 2nd
Receipt notice Aug 29
Change the adress online on Aug 30.
Recvd conformation notice from USCIS on sep 6th. saying adress changed sucessfully. To the new adress.
Recvd EAD cards to new adress on SEP 10th.
so its very easy. nothing to worry .
Its prety easy and we got our new EAD cards to new adress.
I-485 - July 2nd
I-765 - July 2nd
Receipt notice Aug 29
Change the adress online on Aug 30.
Recvd conformation notice from USCIS on sep 6th. saying adress changed sucessfully. To the new adress.
Recvd EAD cards to new adress on SEP 10th.
so its very easy. nothing to worry .
piyu7444
04-01 02:37 PM
Hi Vinnysuru
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
more...
raamskl
07-20 09:57 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf
it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.
My advice is to call USCIS and inquire about it, sometimes they are very helpful.
Cheers.
browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf
it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.
My advice is to call USCIS and inquire about it, sometimes they are very helpful.
Cheers.
sr123
11-21 09:10 AM
Semt email.
more...
go_guy123
01-20 11:32 AM
(1) Would CHC will vote yes on health care without any coverage for illegal and since CIR may not happen
(2) If CIR fails why would CHC supports us in piecemeal..
to me if no CIR then no piecemeal..
Answer to 2)
CHC only wants amnesty for illegals. They don't care about skilled immigration.
They hold the SKIL etc hostage to CIR. But CIR is impossible.
CHC will never support on piecemeal. But as Democratic party loses power , CHC power also reduces.
Moreover the CIR coalition also weakens with failures.
(2) If CIR fails why would CHC supports us in piecemeal..
to me if no CIR then no piecemeal..
Answer to 2)
CHC only wants amnesty for illegals. They don't care about skilled immigration.
They hold the SKIL etc hostage to CIR. But CIR is impossible.
CHC will never support on piecemeal. But as Democratic party loses power , CHC power also reduces.
Moreover the CIR coalition also weakens with failures.
amitga
02-10 06:52 PM
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
more...
paskal
12-21 11:11 AM
we will be delighted to have you folks joining in
pappu
11-09 02:10 PM
Pappu,
Is this survey open to every one beyond donor forum.
Yes. It is open to everyone and is under 'Action Items for everyone' forum.
Is this survey open to every one beyond donor forum.
Yes. It is open to everyone and is under 'Action Items for everyone' forum.
shishya
09-27 12:43 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
HV000
08-10 12:44 AM
It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.
sapota
11-15 11:47 AM
Is there any possibility of organizing a statewide charity drive sponsored by IV state chapters during the holiday season. This is the season of giving. Why not organize it through IV state chapters. Proceeds can be donated to charities as suggested by donors. We can target
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
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