"Senate OKs Patriot Act renewal sends to House"
Why this is the news is good and relevant from the point of view EB provisions?
Because EB provisions (section 8001) were thrown out of S.1932 because of the differences between key players over the Patriot act. Now that this is out of the picture, at least there is one less thing to worry about.
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Whats the reason for doing this? Is it because:
1. Attorneys will be busy during this time
2. Employer will not file 485
3. Bad Experience with Attorneys
4. Anything else please explain
If 2, whats the guarantee that he will not cancel your LC/140 once he knows that you are filing on your own?
Sorry about bringing this up. My employer is ready to file 485 but not EAD and AP. He says if we don't renew our EADs on time then we will be out of status and hez seen lot of such cases. Can I file EAD and AP on my own and let my employer file 485?
Thank you all for the patience!!!
For me, its 1 and 3. I am sick of my company's lawfirm. They are slow and they always end up filing things late. I almost lost my driver's licence renewal in April due to their procrastination and slowness in apply for H1 extension. If they do the same thing in this, then dates can retrogress and window of opportunity closes.
Besides, I somehow feel that errors on forms are more likely when paralegals do your paperwork rather than you doing your paperwork.
I am planning to keep a backup of all paperwork to file on my own if the lawfirm fails to file it by the 7th or 8th July. I will fire them and tell them to back off and do this on my own. I think that if they cant burn the midnight oil and work overtime during such critical times, then they deserve to lose business and we deserve to take care of our problems.
Me: EB2(10/2006) Pending I-140
Wife: EB3(04/2002 SUBSTITUTION) Pending I-140
Reply from My Lawyer.
"Many people are in your scenario.
There are many ways to do this. Each one being a little more expensive then others.
What can be done:
Your wife files as primary and you secondary on her 140.
You file as primary and her secondary on your 140.
You file alone on your 140
She files alone on her 140.
Somehow if the dates should move backwards and her 140 on labor substitution should get denied (you never know with labor sub); then for her to file on your 140 the date has to be current or she canʼt file until it becomes current.
You and her just file on her 140. Problem is if the 140 gets denied then the window of opportunity to file the 485 again may not be for a couple of years.
You and her just file on your 140. Problem is that it may take a long time for you to eventually get the greencard approved.
If you want to be safe and want to spend more money then she would file as primary on her 140 and you as dependent. Then at same time we would file you as primary on your 140 and her as dependent on your 140.
Reply from Wife's Lawyer(Murthy):
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
2011 Elijah Wood
Does anyone have the text of the bill?
I would request stop replying on this thread and let it archive. If someone has to report the fraud he would have done it long time back.. this thread is just to provoke others and thats it.
I am not in support of any fraud but also not in support of provoking anyone for no reason.
There is a well documented process in each organization and in government on how to report the violation. If someone has any issue please follow the guidelines and do the needful.
Read between the lines and you have just confirmed my translation.
Have a good day!
2010 Elijah Wood
If that won't do it, keep sending snail mails, so much so that they will have to hire extra personnel to sort the mails, and maybe backlog them too lol.
By the way, Thank You, Xiyun for all the Media Coverage, your help is greatly appreciated by us all.
Yes, They assured me that the plan is for unlimited...also covers all the networks (Initiall y some of them thought that it's only applicable for certain networks)....there is no restrictions at all...any ways I will re confirm with them.....
The only problem with them are taxes, there are other VOIP phones in the market that they are charging just 3-4 dollars as taxes, whereas vonage is charging more than 8 dollars which is killing part.....
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So when children reach 14 years of age they have to do fingerprinting?
I think it is around 13 or 14...if they are under that, USCIS only takes a thumb print
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Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (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 adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to email@example.com or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Thank you gc4me for sharing info.
Its very good that they are taking notice of the issue. It would have been great if their follow-up email had some more details but in any case please share any info (like phone number your received call from) with pd_recapturing - he is culling info together from the people who are really affected.
If anyone else receive similar call - please try to get their direct contact details (it might help in our next steps being co-ordinated by chanduv, pd_recapturing, itsnotfunny and a bunch of other volunteers).
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Assume EB3 I has 2800 available per year
2800/12 = 233.33 per month.
The spread sheet shows that there are 135 pending with PD of March 01 or less. Which is less than 233 the PD did not cross April because there are 452 applications in april. A PD of April makes sense. Using calculation the PD will be July 2001 in Dec.
if you assume 8080 visas per year then there will be 673 visas availble per month and the PD should have crossed to May 2001 because the total pending 485s on May 1st are 587. If we go with your assumption then the PD in December will be at Jan 2002...I
You brought a good point to churn on our heads but remember DOS decides the dates not the USCIS and DOS and USCIS do not have any interlinking to set Dates in a bulletin.
How DOS decides the dates in each bulletin is also a mysterious and unknown area.
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food delivery might backfire...
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No, no ... Not a chance. We don't allow you you to port from red dots to green dots. If you want green dots, you can always start a new application (new Handle) with green dot (s). :) :)
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So EB3 won't be benefited by recapture unless there is a clause specifically for EB3 allotment out of that recapture
We need some numbers to back this up. I think you are saying EB2 will not become current even with the recaptured number. There is another thread for requesting numbers from USCIS about pending applications per category, per country. So, participate in that campaign as well.
We need the numbers. I would have guessed roughly 50% of pending 500K applications are from India, 50% of that is EB2, so recapture of 200K visas should help.
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Recently, my friends flow KLM to hyd via JFK. they came back safe. I will let you know the exp once i talk to them.
Since I have many friends on L1 - I know pretty well how they are abused by their employers. Just the fact that you cant quit the employer enables some forms of abuse so subtle that they will not stand in any court of law. So I hope for the sake of people on L1, and to uphold the rule of law - that this abuse stops. If it does - their employers would be forced to bring them in H1 - which is far less prone to abuse due to the portability.
However, the current "run to the DOL/ICE" approach that you guys are taking may have repurcussions well beyond you had bargained for. Think of it from the POV of a client manager (lets take the example of, say, a goldman manager). He has his hands full of sucking up to his boss, playing the internal politics and in his spare time doing some work. 99% of them (even those who actually immigrated themselves) have no appetite to get into the details of immigration law. So, as soon as there is a backlash on this - their immediate response would be to take the safest route out and require Citizenship/GC for all positions.
As soon as that wave starts - many of us are going to get burnt. Many of us who have EAD, including yours truely, would probably be able to sneak through without too much of an issue (since it is illegal to discriminate against EADs) - however, many others who are not so fortunate would probably not fare so well. Most probably what will happen is that as soon as a recruiter sees brown skin and hears some trace of an accent - alerm bells would go off in the mind to check if this guy is GC holder or a citizen.
The enabler of the L1 abuse is the non-portability of these visas. We cant do much about that in the current environment. But going all gung ho in terms of enforcement right now -when there is a recession in full swing - may not be in the best interest of any of us.
The issue is that a lot of people on L1 come to US with an intent to *immigrate* permanantly and are not aware of the complexity inthe law. They think that they can wait it out by staying with their employer till the GC comes and thus are subject to exploitation.
So many people on l1 actually look for h1b jobs and move on towards working towards their citizenship.
While everyone want to immigrate to the US - which is the case with everyone - one also has to understand the law and work through the law - it is hard - but believe me folks - it is rewarding too.
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If this trend with PIMS continues (which is what it looks like), sooner or later it may affect a lot of people on H1b month after month who are going for visa stamping. With priority dates retrogressed badly this will become another pain point.
Who in IV do we have to run this by?
We have received your case problem. We will initiate a formal inquiry with the U.S. Citizenship and Immigration Services (USCIS).
We appreciate your continued patience and understanding.
Office of the CIS Ombudsman
Department of Homeland Security
did they contact you after this email? or any LUD on your case?