laborchic
09-19 01:12 PM
First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...
I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!
We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.
1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...
3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..
Also, all our T-shirts should have
"Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back
4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...
5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"
We cannot be perfect the first or second time....Lets learn from this rally....
A pat in the back to all those who attended the rally....
Good Luck
RNGC: I just realised this morning that it was you with whom I was discussing all these issues last morning. Great going Sir.... I totally agree with you..
I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!
We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.
1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...
3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..
Also, all our T-shirts should have
"Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back
4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...
5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"
We cannot be perfect the first or second time....Lets learn from this rally....
A pat in the back to all those who attended the rally....
Good Luck
RNGC: I just realised this morning that it was you with whom I was discussing all these issues last morning. Great going Sir.... I totally agree with you..
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Ramba
07-04 08:13 PM
Source:
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
others: various law firm sites, including
www.ilw.com
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument
------------------------------------------------------------------------
Estimated new 485 filings. : 700K is conservative. May be wrong too.
LC s certified from BEC: about 200K (from 2001 to 2005 filings)
PERM Certifed labor: About 200K (from Mar 2005 to June 2007)
Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.
The dependents for 300k will be 450K (1.5 times primary)
So total AOS applicants will be 750K just based on LC. Excluding EB1.
-----------------------------------------------------------------------
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
others: various law firm sites, including
www.ilw.com
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument
------------------------------------------------------------------------
Estimated new 485 filings. : 700K is conservative. May be wrong too.
LC s certified from BEC: about 200K (from 2001 to 2005 filings)
PERM Certifed labor: About 200K (from Mar 2005 to June 2007)
Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.
The dependents for 300k will be 450K (1.5 times primary)
So total AOS applicants will be 750K just based on LC. Excluding EB1.
-----------------------------------------------------------------------
feedfront
10-21 01:27 PM
Hi Guys
At last today is my day.. online status changed to "Card Production Order" :)
Hope every one will get soon.
Thanks
onemorecame
Can you please post your timeline here?
At last today is my day.. online status changed to "Card Production Order" :)
Hope every one will get soon.
Thanks
onemorecame
Can you please post your timeline here?
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va_labor2002
07-24 08:47 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.
Good luck..
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.
Good luck..
more...
alex99
10-28 06:46 PM
Please participate in the Poll
Naveen
04-07 08:12 AM
Well said! I came back first week of Feb 09 and no issues. Just usual jibber-jabber.
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
......
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
......
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Openarms
10-17 11:23 AM
Notarized & mailed my FOIA letter yesterday.
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crazyghoda
01-16 04:27 PM
My layoff was much less traumatizing at the instant.
I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.
Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.
Well I am back now and looking everywhere. Hopefully something should click soon.
All the best guys!
I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.
Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.
Well I am back now and looking everywhere. Hopefully something should click soon.
All the best guys!
more...
va_il
12-27 01:53 PM
Munna Bhai
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.
good luck
babu
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.
good luck
babu
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
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xyzgc
01-17 11:56 PM
Got lots of reds as expected. Excuse me for using strong words. I'm sympathetic towards everyone who has lost jobs or fears layoffs. I have weathered the 2001 storm in the valley. It was horrible. However, people buy expensive real estate without obtaining permanent residency first and then start laughing at others for being so conservative. Its utter stupidity. In one of the other threads I was arguing with some one over whether its a good time to buy a house or not. I am totally for buying a house even in these uncertain times provided you are a dual income and provided you have your green card and despite that some folks didn't agree with me at all!
Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.
I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.
H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.
Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.
Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.
I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.
H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.
Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.
more...
sunny1000
06-10 04:24 PM
done
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desi3933
01-31 06:00 PM
desi3933,
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
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InTheMoment
07-13 11:39 PM
Thanks for the latest info. Would be interested to know about this change...
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
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apt29
12-23 04:14 PM
Lawsuit on Visa Bulletin, Adjustment of Status | Legal Action Center (http://www.legalactioncenter.org/litigation/lawsuit-visa-bulletin-adjustment-status)
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pictures Stefano+pilati+suits
pitha
07-13 09:03 PM
I dont know her intentions but she is helping our cause. If you want to vent your anger, there is USCIS and DOS
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
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delhiboy
12-17 11:34 PM
Just need a place to vent and share my frustration with this system.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
more...
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nozerd
01-27 11:40 AM
Well Alisa,
Do you think its fair to discriminate someone based on their country of birth with all else being equal ?
Do you think its fair to discriminate someone based on their country of birth with all else being equal ?
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logiclife
12-20 07:14 PM
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.
Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.
Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.
If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.
Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.
Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.
Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.
If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.
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eb3_nepa
07-05 01:37 PM
1) You can VIEW the forums ONLY if you are a REGISTERED member (that part is FREE).
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
minimalist
09-10 12:29 PM
girijas, your comment is both funny and sad... we are behind horses.. :(
The picture is not pretty.
The picture is not pretty.
drirshad
08-07 07:26 AM
Guys does RD change every time we get a I-485 notice. The first receipt I got shows correct RD as July 02, 2007 then the second notice that was send Oct 07 to say my case has been transferred to Lincoln has an RD of Sep 08, 2007 does this RD change every time the receipt notice is sent. Does it matter if it changes.
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