freedom_fighter
04-21 12:30 PM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
its not illegal to port. Labor substitution was legal until they abolished.
EB3 to EB2 to EB1, is perfectly legal and is not like labor substitution. Why are you ppl jealous, just because you have EB2. A lot of ppl including myself had our cases filed in EB3, because of incompetent attorney's. Its not like someone is jumping the line, these guys have been waiting patiently in there EB3 queue and if they can upgrade why not?
Pls focus on the real issue of the country based quota. Really, this is not going to benefit anyone!
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
its not illegal to port. Labor substitution was legal until they abolished.
EB3 to EB2 to EB1, is perfectly legal and is not like labor substitution. Why are you ppl jealous, just because you have EB2. A lot of ppl including myself had our cases filed in EB3, because of incompetent attorney's. Its not like someone is jumping the line, these guys have been waiting patiently in there EB3 queue and if they can upgrade why not?
Pls focus on the real issue of the country based quota. Really, this is not going to benefit anyone!
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rolrblade
07-27 04:44 PM
do they have to attach copy of email with the application?
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
you are fine : read this from USCIS website:
Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.
Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.
this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.
All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
you are fine : read this from USCIS website:
Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.
Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.
this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.
All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.
kpchal2
03-03 11:06 AM
thanks for the response. can you please post the result of the transfer
also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.
also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.
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seeking_GC
09-23 06:31 PM
Thanks for this info. Would you mind sharing the fax number? Thanks in advance.
I assume you mean the fax number for NSC - it is 402-219-6171.
I assume you mean the fax number for NSC - it is 402-219-6171.
more...
mailmy_gc
10-15 05:49 PM
We had 4-5 continueous LUD's after couple of weeks they recieved response (June 2009) but still status is showing response reeived.
Recently even changed job to local government but not yet submitted AC 21, I am in the process of preparing documentation. I appreciate if any one help me on this.
Thanks,
Recently even changed job to local government but not yet submitted AC 21, I am in the process of preparing documentation. I appreciate if any one help me on this.
Thanks,
seekerofpeace
09-13 09:38 AM
Folks,
I am really amazed to see the verbal war of words between these two artificially created groups aka the lines of "Divide and Rule" policy by the erstwhile masters of our country...
I can understand the feelings but the profanity and the language used won't lead us anywhere.
Frustration is the only common thing among the EBI applicants...some more some less...
I know of a lot of EB2s like me who came to this country for higher studies more than a decade back and got delayed in filing for their residency and had to suffer...While many who came with a job here and filed using EB3 then, have their parents as residents now....
Why is there no anger towards the many L1 managers who get residency through EB1.without much educational qualifications and forget about national interest waiver...I know a few, who came in 2006 and are residents within a year or so....
I also saw many of my friends through unfair labor substitutions got ahead of me unfairly and are now citizens...
Bottomline is people won't apply in a particular category unless they think it is best in their interests...In this economy most companies are tightening their purse.....it is a common fact that 90% of EB I applicants are software engineers.the demand of which will wane over the years in the immediate future and next generation technology demand will increase aka green and biotech....and much water has flowed in Mississipi since the days of Y2K when even people with fraud degrees and vague backgrounds came here and flourished......
The infighting reminds me of the crab story in which of all the baskets of various sea animals/fishes in a fish market the only basket whose lid was open was one with crabs...a buyer when enquired the uniqueness of that crab basket was promptly told by the seller that in this basket if any crab wants to go out and be free all the other crabs will join and pull it back to the basket so I don't have to worry.......
Let's not be these crabs....I am sure there exists common grounds in IV otherwise if this continues I am sure there will be a vertical split in IV...between EB2 and EBI..and ROW will laugh at us.........
SoP
I am really amazed to see the verbal war of words between these two artificially created groups aka the lines of "Divide and Rule" policy by the erstwhile masters of our country...
I can understand the feelings but the profanity and the language used won't lead us anywhere.
Frustration is the only common thing among the EBI applicants...some more some less...
I know of a lot of EB2s like me who came to this country for higher studies more than a decade back and got delayed in filing for their residency and had to suffer...While many who came with a job here and filed using EB3 then, have their parents as residents now....
Why is there no anger towards the many L1 managers who get residency through EB1.without much educational qualifications and forget about national interest waiver...I know a few, who came in 2006 and are residents within a year or so....
I also saw many of my friends through unfair labor substitutions got ahead of me unfairly and are now citizens...
Bottomline is people won't apply in a particular category unless they think it is best in their interests...In this economy most companies are tightening their purse.....it is a common fact that 90% of EB I applicants are software engineers.the demand of which will wane over the years in the immediate future and next generation technology demand will increase aka green and biotech....and much water has flowed in Mississipi since the days of Y2K when even people with fraud degrees and vague backgrounds came here and flourished......
The infighting reminds me of the crab story in which of all the baskets of various sea animals/fishes in a fish market the only basket whose lid was open was one with crabs...a buyer when enquired the uniqueness of that crab basket was promptly told by the seller that in this basket if any crab wants to go out and be free all the other crabs will join and pull it back to the basket so I don't have to worry.......
Let's not be these crabs....I am sure there exists common grounds in IV otherwise if this continues I am sure there will be a vertical split in IV...between EB2 and EBI..and ROW will laugh at us.........
SoP
more...
shuvro58
01-03 03:18 AM
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sameer2730
02-06 05:00 PM
Is H1B stamping subject to the same name checks as in the home country ? Since I have heard people get stuck for long times in these checks, what happens in similar situations when stamping is done in Canada.
more...
h1bemployee
02-25 06:20 PM
You need to provide more details on bold words from your post. If you really need pointers from IV members.
in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.
As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)
in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.
As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)
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msp1976
02-15 11:33 AM
How about requesting a $1donation when a non-contributing member ask a question, or $5 dollars for ten posts.It is not much but will definitely bring some revenue.
We can have a forum like member only access...where the question can only be posted by payed members or by people who pay a small donation? The idea is that the amount requested is not much ,which anyone can afford, but the number of questions people ask on our forum will definitely generate some revenue.
We can start a volunteer thread as a pilot program to see what kind of response we get...what do Core and rest of the member think of it?
Some of us have a fair study of the immigration laws....Our knowledge is anecdotal.....but still we are not lawyers and we donot want to get into a situation in which we get sued for providing potentially incorrect info....No one wants to mislead anyone but accepting money for service makes us step into an unknown territory....
We want to educate members as much as possible but this is not core business...
All advice we provide is with a caveat that users should check with their lawyesr for feasibility....
We can have a forum like member only access...where the question can only be posted by payed members or by people who pay a small donation? The idea is that the amount requested is not much ,which anyone can afford, but the number of questions people ask on our forum will definitely generate some revenue.
We can start a volunteer thread as a pilot program to see what kind of response we get...what do Core and rest of the member think of it?
Some of us have a fair study of the immigration laws....Our knowledge is anecdotal.....but still we are not lawyers and we donot want to get into a situation in which we get sued for providing potentially incorrect info....No one wants to mislead anyone but accepting money for service makes us step into an unknown territory....
We want to educate members as much as possible but this is not core business...
All advice we provide is with a caveat that users should check with their lawyesr for feasibility....
more...
Sunx_2004
09-08 06:32 PM
Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
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BMS1
11-08 01:17 PM
NO,
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
Do you mean EB based AOS alone is 655K? 1.3 million is I-130 petition which is different from AOS.
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
Do you mean EB based AOS alone is 655K? 1.3 million is I-130 petition which is different from AOS.
more...
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HRPRO
01-18 09:30 AM
H-1B is the responsibility of the employer but it is slightly tricky. If the employee is being paid more than the minimum wage quoted, then he/she can be made liable to pay back the full amount. But still attorney fees and other associated costs can be collected back from the employee.
Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.
Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.
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mukraw6
11-21 05:24 PM
It said the same thing for me and that means you will recieve it in a weeks time or your lawyer
more...
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aamchimumbai
09-04 03:00 AM
I called my Civil Surgeon yesterday and asked her if she was willing to fill out a new I-693 form because it has been changed. Well, she was willing to fill out but said the old data (May 2008) is not valid, precisely TB test/Blood work/Physical exam. I thought it was ridiculous because all she had to do was validate her own results from the last exam. She was open for validating any vaccination records but not her own tests that she conducted.
I really don't want to spend $200/person again for the tests which she has already conducted. Anyways. I guess I'll have to pay her and get the new forms signed.
Is anyone in the same situation?
Thanks
I really don't want to spend $200/person again for the tests which she has already conducted. Anyways. I guess I'll have to pay her and get the new forms signed.
Is anyone in the same situation?
Thanks
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h1vegas
10-07 07:37 PM
Keep a copy of your paystub at your work place
PS: Official comes from DHS to your office not your home
Moreover how hard it is to keep a copy of your paystub at your desk
PS: Official comes from DHS to your office not your home
Moreover how hard it is to keep a copy of your paystub at your desk
more...
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gparr
November 25th, 2005, 09:45 AM
The first one says "delicate, little flowers" better than the second one. However, as has been mentioned, both shots need considerably more depth of field to be effective. In fact, the second one doesn't work at all for me. As for the first shot, the blown out bloom is distracting. Some kind of diffuser would have helped even out the light. I always find it difficult to shoot these flower clusters because they require more DOF than you think, but it's hard to know when to stop so that the background stays out of focus and doesn't start to compete with the flower cluster. Try a series of shots starting with an aperture in the f/25 range and backing off in one-stop increments then evaluate the series to see which one works best. Also, try a shorter tube and/or just the lens, if it will focus close enough. Whatever you try, please post the results. This is the kind of photographic challenge I love and what you learn will help me, and others I hope, when the flowers bloom again in the spring.
Gary
Gary
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BharatPremi
10-24 01:33 PM
You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.
What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.
Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.
What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.
Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.
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prince_ny2000
05-16 02:46 PM
My question to my valuable friends is that if I've filed PERM well before 365 days (i.e. the last year) but it was denied and then i refiled another PERM after the 365-day period was started, then would I still be able to renew my H1 based upon filed PERM or approved I-140 or what? :confused:
Siddharta
09-26 12:02 AM
1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
FrankZulu
08-12 04:26 PM
As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.
Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?
Good morning XXXXXXXXXXX,
Re: I-485s <Applicant Name>
I have conversed with those in charge of these cases.
The United States Citizenship and Immigration Services (USCIS) is
committed to adjudicating immigration benefits in a timely, efficient
manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for every
application or petition it adjudicates. While background checks for
most applications or petitions are completed quickly, a small percentage
of cases involve unresolved background check issues that result in
adjudication delays.
Background checks involve more than just the initial submission of and
response related to biographical information and fingerprints. When
checks and/or a review of an administrative record reveal an issue
potentially impacting an applicant's eligibility for the requested
immigration benefit, further inquiry is needed. The inquiry may include
an additional interview and/or the need to contact another agency for
updates or more comprehensive information. If it is determined that an
outside agency possesses relevant information about a case, USCIS
requests such information for review. Upon gathering and assessing all
available information, USCIS then adjudicates the application as
expeditiously as possible.
We have checked into your constituent's case and have been assured that
the agency is aware of your inquiry, and is monitoring progress related
to it. However, unresolved issues in your constituent's case require
thorough review before a decision can be rendered. Unfortunately, we
cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related
to his or her case. As an agency, we must weigh individual
inconvenience against the broader concerns of public safety and national
security.
We hope this information and assurance are helpful. If we may be of
assistance in the future, please let us know.
I hope this information is helpful to you. At this time I am closing the
inquiry on this matter.
Thank you,
<Officer Name>
Immigration Services Officer
NSC Congressional Unit
I have tried multiple sources and following is the response:
* SR (july 19th): No response Yet
* IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
* Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
* Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
* InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.
To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?
Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?
Good morning XXXXXXXXXXX,
Re: I-485s <Applicant Name>
I have conversed with those in charge of these cases.
The United States Citizenship and Immigration Services (USCIS) is
committed to adjudicating immigration benefits in a timely, efficient
manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for every
application or petition it adjudicates. While background checks for
most applications or petitions are completed quickly, a small percentage
of cases involve unresolved background check issues that result in
adjudication delays.
Background checks involve more than just the initial submission of and
response related to biographical information and fingerprints. When
checks and/or a review of an administrative record reveal an issue
potentially impacting an applicant's eligibility for the requested
immigration benefit, further inquiry is needed. The inquiry may include
an additional interview and/or the need to contact another agency for
updates or more comprehensive information. If it is determined that an
outside agency possesses relevant information about a case, USCIS
requests such information for review. Upon gathering and assessing all
available information, USCIS then adjudicates the application as
expeditiously as possible.
We have checked into your constituent's case and have been assured that
the agency is aware of your inquiry, and is monitoring progress related
to it. However, unresolved issues in your constituent's case require
thorough review before a decision can be rendered. Unfortunately, we
cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related
to his or her case. As an agency, we must weigh individual
inconvenience against the broader concerns of public safety and national
security.
We hope this information and assurance are helpful. If we may be of
assistance in the future, please let us know.
I hope this information is helpful to you. At this time I am closing the
inquiry on this matter.
Thank you,
<Officer Name>
Immigration Services Officer
NSC Congressional Unit
I have tried multiple sources and following is the response:
* SR (july 19th): No response Yet
* IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
* Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
* Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
* InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.
To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?
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