wc_user
07-25 10:16 PM
What happened to EB3-I, call to action ? I sent out the letters ,but what is the follow-up ? Looks like everyone is interested only in EB2 India and nobody is doing anything about EB3-India.
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delhiguy
07-08 05:57 PM
It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
After reading your example about the GC i am very positive now, about the lawsuit
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
After reading your example about the GC i am very positive now, about the lawsuit
Rohan99
10-02 02:21 PM
I am just trying to make list of people stuck on July 3rd at 9:03 received by R.William. Appears that our box is lost.
Here is the information I got of people(July 3rd) still waiting
If there are more plz...added it to list
-----list-------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
Here is the information I got of people(July 3rd) still waiting
If there are more plz...added it to list
-----list-------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
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kalparikh
07-02 07:53 PM
So if I-485 was delivered before 10:00 AM...........
Does I-485 will be rejected / return back to sender / it will porcess?
please post your views...........
Does I-485 will be rejected / return back to sender / it will porcess?
please post your views...........
more...
pappu
04-20 10:16 AM
I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AirWaterandGC
05-09 02:25 PM
I had asked about this earlier too. Can one buy a business and sponsor others om H1-B when one is on H1B ?
Will someone please respond ?
Thank you.
Will someone please respond ?
Thank you.
more...
amitjoey
07-09 09:26 PM
This is great but not at all enough, If major news and print media does not cover this, than this effort will go waste. If it gets unreported, than we have ourselves to blame. The whole point is for this to get covered nationally. Your local news and print media needs to be made aware, if it gets printed enough times, it will be picked up in major news channels. So please email the story, make the reporters aware of this. I know, we have a lot of us that we can write, copy paste the same message. I have a feeling it is going to make a great news story, just want to be doubly sure.
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gcnirvana
06-26 02:47 PM
My employer says EVL is not required for 485 filing. How do I make him understand that it is required? Any links from USCIS website or any authentic info will be helpful. I searched and couldn't find it!! TIA
more...
a_yaja
06-26 03:49 PM
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
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makemygc
04-21 09:14 PM
Feeling so sad about whole thing. May his soul rest in piece. My best wishes with his family.
This thread just puts things in perspective. Getting a GC and beyond is a good thing, but in the larger scheme of things, enjoying the present moment and enjoying what you got is far more important. You never know when it can end !
This thread just puts things in perspective. Getting a GC and beyond is a good thing, but in the larger scheme of things, enjoying the present moment and enjoying what you got is far more important. You never know when it can end !
more...
ajju
05-01 08:30 PM
If you don't agree. Speak out A#####e.
Me too hate the anonymous people giving red dots for no reason...
But man.. you've too many green dots to worry about a single anonymous red dot :-)
I think just ignore them for now.. and kool down... Don't use such abusive language to vent out your frustration.. not worth it...
Me too hate the anonymous people giving red dots for no reason...
But man.. you've too many green dots to worry about a single anonymous red dot :-)
I think just ignore them for now.. and kool down... Don't use such abusive language to vent out your frustration.. not worth it...
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solaris27
08-13 08:24 AM
1) Contacted Senator/Congressman/Governor - No reply or progress
2) Filled 7001 form for Ombudsman - waiting for reply
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications. - everytime they tell someting diffrenet .
its shows how USCIS work ... as if everything is cleared our 485 should be cleared .
can't take infopass ( no option to check case status) or open SR ( as its not beyond 30 days) .
B
2) Filled 7001 form for Ombudsman - waiting for reply
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications. - everytime they tell someting diffrenet .
its shows how USCIS work ... as if everything is cleared our 485 should be cleared .
can't take infopass ( no option to check case status) or open SR ( as its not beyond 30 days) .
B
more...
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simple1
05-02 02:00 AM
http://www.state.gov/documents/organization/87867.pdf
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
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GCKaIntezar
06-16 02:01 PM
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
Cool bud. You seem to be going on expressway..
Good luck to all of us.
Cool bud. You seem to be going on expressway..
Good luck to all of us.
more...
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CADude
03-25 05:50 PM
You are an optimistic guy. keep it up. I used to be same once upon a time. Not Any More... :D
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
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unitednations
03-08 04:21 PM
I came on extension. I think they are more critical about the companies with whom you are working for. All my friends with extended their visa with no problems. I it is very hard to conclude on this. But scares every one if we keep saying they can not extend their visa.
Be prepared with good documentation and you should be fine.
Following is an e-mail I received from a person on L-1 with IBM.
Adding to my conversation with you, its unfortunate that my L1 extension has just got denied this week. I was going to leave this company anyways but this makes the COS difficult. My case took unusually long and now finally i have the denial notice as per USCIS website. My company has not yet received the papers, but once they do i may have to go back to India for converting my status. I think cannot go to Mexico or Canada as my I-94 has expired.
In the meantime i am following a lead i have for a project in Atlanta. Nothing sure but i will let you know if it culminates to something.
I was also informed that there is a new rule in place which does not allow people to go to Mexico or Canada for H1 stamping if they have entered US on a different visa . People are being sent back to home country for stamping.
What do you suggest i do? Shall i get H4 stamped in India or shall i go for H1 stamping. I will still have at least a month's grace period and if things don't work out after i come back, i will then convert to H4 then.
Looking forward to hearing from you soon.
Be prepared with good documentation and you should be fine.
Following is an e-mail I received from a person on L-1 with IBM.
Adding to my conversation with you, its unfortunate that my L1 extension has just got denied this week. I was going to leave this company anyways but this makes the COS difficult. My case took unusually long and now finally i have the denial notice as per USCIS website. My company has not yet received the papers, but once they do i may have to go back to India for converting my status. I think cannot go to Mexico or Canada as my I-94 has expired.
In the meantime i am following a lead i have for a project in Atlanta. Nothing sure but i will let you know if it culminates to something.
I was also informed that there is a new rule in place which does not allow people to go to Mexico or Canada for H1 stamping if they have entered US on a different visa . People are being sent back to home country for stamping.
What do you suggest i do? Shall i get H4 stamped in India or shall i go for H1 stamping. I will still have at least a month's grace period and if things don't work out after i come back, i will then convert to H4 then.
Looking forward to hearing from you soon.
more...
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quiquincho
03-06 06:02 PM
Country Cap for employment based GCs is discrimination by National Origin. It must be removed. This kind of practice would be illegal if practiced by any corporate entity. So it might be illegal even for USCIS to have a country cap for employment based visas. We might want to think about having some lawyers check into this and maybe sue USCIS so that they remove this discriminatory rule. This one small change in rule could make a huge difference to Indian community, more than any other legislative changes. Skilled workers from different countries come to USA because they all want to work in USA, not because they come from a certain country. USA should have only one queue for this reason. Having separate queues for each country is downright racist and discrimination by national origin.
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
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pappu
11-21 12:20 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Very sorry to hear this. Please get in touch with a lawyer and discuss if you could expedite your GC application due to health conditiion. Get good treatment. IV physicians group has several top best in class doctors and they can try to find how they can help you. You need to get the best care. Do not give up. Send us your contact details. Each IV member is precious to us and we will help.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Very sorry to hear this. Please get in touch with a lawyer and discuss if you could expedite your GC application due to health conditiion. Get good treatment. IV physicians group has several top best in class doctors and they can try to find how they can help you. You need to get the best care. Do not give up. Send us your contact details. Each IV member is precious to us and we will help.
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perm
08-07 12:45 PM
when you are able to view the back side of the checks, could you please let us know if they have SRC or LIN for the receipt numbers? That would help lots of users here answer their question about what service center is processing transfer cases...
Its LIN. strangly it says 'we received the case on July 31st, 2007..' I hope the RD is July 2nd and the ND is July 31st.!!??
Its LIN. strangly it says 'we received the case on July 31st, 2007..' I hope the RD is July 2nd and the ND is July 31st.!!??
amitjoey
07-10 02:46 PM
no wonder they are talking about impeachment of GWB and Sr Mcain's press conf. no news of this protest.. I like the way Michael moore trashed them yesterday in his live interview with Wolf on why and how CNN neglected his story all along..
CNN sucks big time and others are not too far behind
WRITE TO politicalticker@cnn.com
CNN sucks big time and others are not too far behind
WRITE TO politicalticker@cnn.com
kshitijnt
07-09 02:24 PM
where is the attachment?
It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Here is the link. Your attorney is not the law. Some other attorney might say you can do it.
It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Here is the link. Your attorney is not the law. Some other attorney might say you can do it.
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