newuser
10-20 01:27 PM
Faxed
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prioritydate
12-20 04:26 PM
Please just dont worry about it too much , there are also chances that you may not get an RFE. There are chances that you may get an RFE but you dont know what USCIS will ask from you. You need to have RFE in hand to prepare response for that.
I know that I may or may not get an RFE. I just want to find out if any of you guys are in the same situation. I am sure that some people didn't worked due to the economic situation during 2000-2001. Since I am not entirely sure what should I do if I get an RFE, I just want to find out. If the IO ask me for a proof of work, then I may not provide it. I don't have w2, I didn't filed tax returns, don't have pay stubs; not sure what status I was in at that time. My i-94 was still valid, but I just didn't worked during that time period. If IO ask me to provide w2, I simply have to pack my bags!! :eek:
I know that I may or may not get an RFE. I just want to find out if any of you guys are in the same situation. I am sure that some people didn't worked due to the economic situation during 2000-2001. Since I am not entirely sure what should I do if I get an RFE, I just want to find out. If the IO ask me for a proof of work, then I may not provide it. I don't have w2, I didn't filed tax returns, don't have pay stubs; not sure what status I was in at that time. My i-94 was still valid, but I just didn't worked during that time period. If IO ask me to provide w2, I simply have to pack my bags!! :eek:
desi3933
02-02 02:32 PM
Thanks for your inputs Desi.
.....
one must be employed at all times on EAD
......
Not Correct. One must have a LC job offer and it must be available at all times since PD to the date of I-485 approval.
____________________
Not a legal advice.
US Citizen of Indian Origin
.....
one must be employed at all times on EAD
......
Not Correct. One must have a LC job offer and it must be available at all times since PD to the date of I-485 approval.
____________________
Not a legal advice.
US Citizen of Indian Origin
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nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
more...
reddymjm
09-10 02:04 PM
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200.
Yes True. This can happen only in the last quarter. I guess in August or Sept 2011 bulliten. Probably USCIS would love to put C instead of moving it a year by year as they love the flood of applications and backlogs.
Yes True. This can happen only in the last quarter. I guess in August or Sept 2011 bulliten. Probably USCIS would love to put C instead of moving it a year by year as they love the flood of applications and backlogs.
pappu
01-11 01:21 PM
Hi:
I just joined the chapter.
Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....
Wishin' for a better future ahead for all us immigration victims
PD for self: August 03
Labor Cert: pending
PD for husband: Dec 03
Labor Cert & I-140: appoved.
welcome.
pls contact varsha and others to start chapter activities.
varsha, pls plan some action items for the chapter.
I just joined the chapter.
Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....
Wishin' for a better future ahead for all us immigration victims
PD for self: August 03
Labor Cert: pending
PD for husband: Dec 03
Labor Cert & I-140: appoved.
welcome.
pls contact varsha and others to start chapter activities.
varsha, pls plan some action items for the chapter.
more...
DSLStart
09-10 11:01 AM
Why is the chat access restricted??????? Why aren't all members welcome to get involved?
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vin13
02-10 10:59 AM
No disrespect meant but what's this? Faux News? As per the law, there is no quota of 2802 green cards for EB3 India. Its a ceiling not a quota. The difference is with ceiling of 7% USCIS can allocate lower number than 7% of 28.6% of 140,000 to EB3 India. If it would be 7% quota, then it would be fair to ask for our "right" for another 580 more green cards. That's why this is not real information, its Faux news.
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
This is the reason I do not find that immigration business shop credible any more.
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
This is the reason I do not find that immigration business shop credible any more.
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
more...
theperm
03-15 05:44 PM
i know ppl woth PD late Dec 2004 still waitng .
please elaborate what ur trying to say ? or am I not catching on to something?
-no offense.
please elaborate what ur trying to say ? or am I not catching on to something?
-no offense.
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wizard20740
01-16 09:15 PM
Signed up for monthly recurring payment of $50
Subscription# S-24216266N7904920U
Subscription# S-24216266N7904920U
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Khujaokutta
03-10 07:40 PM
I too agree that the flood gates will open soon...only that the gurkha who controls the gates is opening them so slowly that every bullietien there is no change or miniscule change.
We need to get the watchman to open the flood gates....:D...otherwise we will be saying this even after one year...that the gates will open soon.....when actually they open so little that its like a RAMSAY horror movie (Bandh DArwaza or something)
We need to get the watchman to open the flood gates....:D...otherwise we will be saying this even after one year...that the gates will open soon.....when actually they open so little that its like a RAMSAY horror movie (Bandh DArwaza or something)
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needhelp!
09-18 11:47 PM
I agree,I was a bit annoyed when the congressman started talking about the illegals.. it was totally not related to us.
more...
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pitha
06-30 09:30 PM
my attorney says even if you send it today to be delivered on Monday July 2 USCIS might also reject cases delivered on july 2, if visa bulleten is revised on july 2. does anybody have any idea what USCIS did for others workers category, did they reject cases filed after June 5 or reject from June 5 itself (I believe June 5 was the date when DOS said they retrogressed)
My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.
My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.
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uma001
10-01 09:51 AM
Guys,
Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card
Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card
more...
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HarshJ
10-13 12:18 AM
PD Sept 2001
Labor Approval Jan 2007 (Yeah almost 6 YEARS !!)
I-140 RD Mar 12 2007
I-485 RD Jul 23 2007
Received EADs, APs and I-485 receipts Sept 23rd 2007
Waiting !!:(
Labor Approval Jan 2007 (Yeah almost 6 YEARS !!)
I-140 RD Mar 12 2007
I-485 RD Jul 23 2007
Received EADs, APs and I-485 receipts Sept 23rd 2007
Waiting !!:(
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nlssubbu
09-24 01:52 PM
Can you please provide the link ?
I refered to USCIS website but did not find a mention of copies of DL.
PLease advise.
Thanks
I do not think that copies of DL is necessary. Please double check with your attoney before sending them.
I refered to USCIS website but did not find a mention of copies of DL.
PLease advise.
Thanks
I do not think that copies of DL is necessary. Please double check with your attoney before sending them.
more...
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ivgclive
09-09 01:39 PM
Number of VISA numbers are same for EB2 I and EB3 I or not???
If in case same....why we not getting any approvals for EB3 compare to EB2?
I can understand why EB3 in 2001 and EB2 in 2006..
but my question is .... why Eb3 is not moving when EB2 is moving?
=====
Note: I'm not saying anything against EB2 people....I'm just comparing.
=====
Numbers are NOT same for EB2 and EB3.
EB2 gets double or even more from the "unused" from EB1, which a LOT.
So it moves fast.
If in case same....why we not getting any approvals for EB3 compare to EB2?
I can understand why EB3 in 2001 and EB2 in 2006..
but my question is .... why Eb3 is not moving when EB2 is moving?
=====
Note: I'm not saying anything against EB2 people....I'm just comparing.
=====
Numbers are NOT same for EB2 and EB3.
EB2 gets double or even more from the "unused" from EB1, which a LOT.
So it moves fast.
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ewana
08-26 12:11 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
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perm2gc
01-09 08:13 PM
This thread's been silent..whats going on fellas.... Are you guys finding out new forums, new websites to post....... We have to meet our 10K membership......
thanks Bringing up the thread. I will post if i find some new forums.
thanks Bringing up the thread. I will post if i find some new forums.
nyte_crawler
04-07 12:32 PM
After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.
(2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.
(3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.
So, Cut the crap and do your work.
You seem to be drawing conclusions out of nowhere. What�s up with you and desi software consultants? Please stop posting incendiary remarks about any group of people. I understand you have your opinion, but please be constructive and justify it based on facts, not on some rumor and your own personal vendetta. Just like you, everybody have their right to have their opportunities to improve their life and betterment of their communities they surround themselves with.
(2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.
(3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.
So, Cut the crap and do your work.
You seem to be drawing conclusions out of nowhere. What�s up with you and desi software consultants? Please stop posting incendiary remarks about any group of people. I understand you have your opinion, but please be constructive and justify it based on facts, not on some rumor and your own personal vendetta. Just like you, everybody have their right to have their opportunities to improve their life and betterment of their communities they surround themselves with.
tinamatthew
07-23 12:14 AM
I came to US through CompanyA on L1A Visa 4 months back. My L1A Visa is valid till Mar-09. I had applied for the H1B Visa when I was in India. I got the H1B Visa and now has a valid petition effective Oct-07.
I would like to know the following.
Can I join the Company B from Company A without going back to India after Oct-07?Shouldn't be a problem, but I need some clarifying
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
I would like to know the following.
Can I join the Company B from Company A without going back to India after Oct-07?Shouldn't be a problem, but I need some clarifying
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
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