pd_recapturing
10-17 10:13 AM
I have got a PM from another IV member whose 485 got denied yesterday because of 140 revocation. He switched the job after 180 days and sent AC21 docs as well. He is willing to share his ordeal with us.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
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jonty_11
07-05 12:56 PM
Send email using AILA link to 20 senators an counting...Please continue to do...this is as important as campaigning for SKILL Bill...
Lets make ppl aware of waht injustice has been thrust upon us by the impotent DOC and USCIS combo.
Lets make ppl aware of waht injustice has been thrust upon us by the impotent DOC and USCIS combo.
vparam
09-24 03:07 PM
it has to be similar job PLUS with an established company.
from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).
i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.
You can be self employed used that for AC 21 as per yates memo. In that case wht does it matter if you are working for your wife's company. since it allows you to work just by yoru self ( self employment == own your own company)
from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).
i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.
You can be self employed used that for AC 21 as per yates memo. In that case wht does it matter if you are working for your wife's company. since it allows you to work just by yoru self ( self employment == own your own company)
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r_mistry
01-29 03:33 PM
Friends,
I filed my I485/EAD/AP (via company�s lawyer) at NSC service center back on July 24th, 2007. Received EAD, done FP for myself and my wife.
Now my wife AP's online status shows "document mailed on January 18th". Have not received the physical notice yet. But here is the issue....even though we filed our cases together online status for my AP still shows "Case received and pending". Called customer service (opened SR, first week of January) but still no updates.
Has this happened to anyone else? Should i take infopass since its over 180 days since we filed the application? I need to travel in end of Feb and need to know how I can expedite my process.
Thanks for your help in advance
__________________________________________________ _____
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Wife's AP approved Jan 21st, 2008 - Self Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I filed my I485/EAD/AP (via company�s lawyer) at NSC service center back on July 24th, 2007. Received EAD, done FP for myself and my wife.
Now my wife AP's online status shows "document mailed on January 18th". Have not received the physical notice yet. But here is the issue....even though we filed our cases together online status for my AP still shows "Case received and pending". Called customer service (opened SR, first week of January) but still no updates.
Has this happened to anyone else? Should i take infopass since its over 180 days since we filed the application? I need to travel in end of Feb and need to know how I can expedite my process.
Thanks for your help in advance
__________________________________________________ _____
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Wife's AP approved Jan 21st, 2008 - Self Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
more...
knnmbd
04-26 08:02 AM
Dear Knnmbd,
It seems to me you do not understand the difference between taxes and Social Security / Medicare.
With my taxes I pay for (example) roads, police, courts, public TV and so on. And I use what I pay for (another nice example is when the police paid by me catches me with high speed and fines me :-)
SS and Medicare are future services which I would not use while I am on H1/L1 or if I do not get permanent residence by some reason. This is my money which the US government has compulsory taken from me and I have not used it. So, I have the right to get this money back and use it for my eventual retirement in another country.
We do not change the law of the land to benefit us, we just do not want to be cheated and treated like retarded.
The real ridiculous stuff is the way the government agencies are treating the legal immigrants but nobody in the "great" country care to notice that, especially the law-makers.
bkam,
I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah� like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON�T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.
So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.
It seems to me you do not understand the difference between taxes and Social Security / Medicare.
With my taxes I pay for (example) roads, police, courts, public TV and so on. And I use what I pay for (another nice example is when the police paid by me catches me with high speed and fines me :-)
SS and Medicare are future services which I would not use while I am on H1/L1 or if I do not get permanent residence by some reason. This is my money which the US government has compulsory taken from me and I have not used it. So, I have the right to get this money back and use it for my eventual retirement in another country.
We do not change the law of the land to benefit us, we just do not want to be cheated and treated like retarded.
The real ridiculous stuff is the way the government agencies are treating the legal immigrants but nobody in the "great" country care to notice that, especially the law-makers.
bkam,
I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah� like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON�T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.
So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.
santb1975
06-17 12:24 AM
We need 829 dollars to reach 20k
more...
pbojja
09-11 05:17 PM
What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.
Just a thought.
I think they will improve the communication between USCIS and DOL . Dont you think it unjustice for 2003-2005 PD holders when they move dates to 2006 and approve 2006 cases ? cant they just move it to 2005 and say approve as many cases as possible for them ? why approve 2006 cases .
Yes focus on HR 5882 is very important but nothing wrong with this campign either ....Just my thoughts
Just a thought.
I think they will improve the communication between USCIS and DOL . Dont you think it unjustice for 2003-2005 PD holders when they move dates to 2006 and approve 2006 cases ? cant they just move it to 2005 and say approve as many cases as possible for them ? why approve 2006 cases .
Yes focus on HR 5882 is very important but nothing wrong with this campign either ....Just my thoughts
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chanduv23
06-10 06:21 AM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
What we are trying to achieve is not easy. If you are involved more closely with IV leadership - you will understand the hardships being faced at every stage.
Issues can only be resolved if we are a strong voice, and thats what we all want to be. It takes time and we have to be patient. We are in a lot better shape than we were sometime back.
visa recapture - no chance
visa increase - will not happen
still contribute??
What we are trying to achieve is not easy. If you are involved more closely with IV leadership - you will understand the hardships being faced at every stage.
Issues can only be resolved if we are a strong voice, and thats what we all want to be. It takes time and we have to be patient. We are in a lot better shape than we were sometime back.
more...
BharatPremi
07-05 04:11 PM
BharatPremin you in CA?
No... Why?
No... Why?
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amit_sp
03-05 03:33 PM
I also received RFE for my application. I am EB3-India with PD of Oct 2003. The RFE was about missing signatures on 2 forms (though I could see my signature there; I just re-signed those) and missing I-94s.
more...
rajuseattle
03-07 02:08 AM
Usually shusterman.com is very reliable source for the immigration related news, but i still cant believe that Shusterman received call from Hillary Cinton (Secretory of State). Shusterman is the ex-USCIS (legacy INS) attorney, but that doesnt mean he knows Hillary Clinton personally...unless he is her campaign chair or so in California while she was running against Obama in the Democratic primary race for the US president.
So either this is his plot to garner more subscribers for his website or some kind of news thro' AILA ,but he mentions it as a news from Hillary.
If this information stands true then EB3-I will be U for rest of the year.
It looks like majority of skilled indians who were in the US around April 2001 end up using the 245(i) provision and use the Bush amnesty. Else their is no other logic that the dates are not moving further to OCt 2001 for EB3-India.
Another reason could be the flood of H1Bs during the period of 2001 to 2004, labor substitution practices allowed until the July 2007.
Most of those labors came out of backlong centre prior to July 2007 and folks were able to file their I-140 and I-485 concurrent during July 2007 visagate.
Labor certification was pending 4 years in BeC and now who knows how many more years in the PD retrogression. Due to current economic conditions, dont see any ray of hope to change the plight of EB-3 india.
Obama gave some hopes during his campaign, but looks like politicians surrounding him will not let him do anything good for legal immigrants. I hope he take some positive action on the comments we made on his website when he seek public opinion/ideas on how to deal with the broken legal immigration system
So either this is his plot to garner more subscribers for his website or some kind of news thro' AILA ,but he mentions it as a news from Hillary.
If this information stands true then EB3-I will be U for rest of the year.
It looks like majority of skilled indians who were in the US around April 2001 end up using the 245(i) provision and use the Bush amnesty. Else their is no other logic that the dates are not moving further to OCt 2001 for EB3-India.
Another reason could be the flood of H1Bs during the period of 2001 to 2004, labor substitution practices allowed until the July 2007.
Most of those labors came out of backlong centre prior to July 2007 and folks were able to file their I-140 and I-485 concurrent during July 2007 visagate.
Labor certification was pending 4 years in BeC and now who knows how many more years in the PD retrogression. Due to current economic conditions, dont see any ray of hope to change the plight of EB-3 india.
Obama gave some hopes during his campaign, but looks like politicians surrounding him will not let him do anything good for legal immigrants. I hope he take some positive action on the comments we made on his website when he seek public opinion/ideas on how to deal with the broken legal immigration system
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coopheal
09-11 11:26 AM
IV rocks….. Just made contribution of 500$
Cannot come to rally because of personal reasons. Feeling terrible about that….
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
Cannot come to rally because of personal reasons. Feeling terrible about that….
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
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ganguteli
03-12 02:26 PM
I mean really stupid.
.
If you do not want to pay, get your employer and your lawyer to contribute to IV :D:D
.
If you do not want to pay, get your employer and your lawyer to contribute to IV :D:D
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mgmanoj
09-01 09:20 AM
Landed in January' 2000
1st Labor Filed in Sept'2001
State approved and project over so had to to move over
2nd Labor filed in Jan'2003 with Company B
Attorney screwed it
3rd Labor filed in Jun'2007
Missed July 2007 fiasco
New date EB3 - Jun'2007
1st Labor Filed in Sept'2001
State approved and project over so had to to move over
2nd Labor filed in Jan'2003 with Company B
Attorney screwed it
3rd Labor filed in Jun'2007
Missed July 2007 fiasco
New date EB3 - Jun'2007
more...
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girishvar
07-11 11:02 AM
Priority Date to 2006 to me is like a flashlight in the middle of the tunnel. Whether battery will run out (retrogression again) before USCIS acting on my file is a miilion $ question.
Let us hope for the best.
I pray for EB3 brothers and sisters and they realizing so called american hope sooner with CIR.
Let us hope for the best.
I pray for EB3 brothers and sisters and they realizing so called american hope sooner with CIR.
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DesiGuy
09-12 05:52 AM
yes, but u need lots of $$$ and TIME for a successful lawsuit.
more...
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chanduv23
11-08 03:07 PM
Gurus,
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
see my blog http://immigrationvoice.org/forum/blog.php?b=12
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
see my blog http://immigrationvoice.org/forum/blog.php?b=12
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rennieallen
09-28 08:51 PM
They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.
Maybe we can volunteer to adjudicate each of our own case...lol!
When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.
I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)
Maybe we can volunteer to adjudicate each of our own case...lol!
When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.
I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)
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gcdreamer05
08-13 04:36 PM
so any hopes about what would happen on oct 2008 bulletin for eb3, will it go back to nov 2001 or atleast will it go to 2003 :(
It looks like a long wait for us eb3 folks.........
It looks like a long wait for us eb3 folks.........
gc_dedo
04-30 03:41 PM
this sucks.
they dont know the difference between gc visas and h1 visas.
hes talking about employer trying to get visas to people to come and work.
no hope
they dont know the difference between gc visas and h1 visas.
hes talking about employer trying to get visas to people to come and work.
no hope
WeldonSprings
05-02 01:52 PM
One interesting thing from the anti-immigrant community represented by Steve King in this testimony was when he asked the Visa Division Chief, that -How many immigrants have we admitted to the United States between 1992-2006 who were refugees and asylees, that were not counted in the annual numerical limit? So, he basically wants to overwrite the Visa Recapture bill, by saying that since we admitted 'refugees and asylees' which were outside the limit, then there is no need to recapture unused visas, since those unused numbers have already been offset by refugees and asylees.
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
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