abhijitp
01-28 08:14 PM
Tomorrow evening, can you rise to the occasion???
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InTheMoment
04-09 08:58 PM
I take it the program you applied for is not in the NRMP match and/or you are given a pre-match.
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
jungalee43
02-17 09:14 PM
We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.
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swede
07-19 08:47 PM
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
The more the better. Maybe you don't need to file them at all but rather than risk getting an RFE later, send them as much info as possible.
I sent all my W2 and tax returns since 7 years back...
An RFE shouldn't be too bad, you just waste a week or so. You'll be ok in any case.
The more the better. Maybe you don't need to file them at all but rather than risk getting an RFE later, send them as much info as possible.
I sent all my W2 and tax returns since 7 years back...
An RFE shouldn't be too bad, you just waste a week or so. You'll be ok in any case.
more...
paskal
12-26 02:58 PM
/\/\/\/\/\/\/\/\
kaisersose
02-15 11:18 AM
The mailroom clerks who open mail and process initial information are generally functioning a in a dumbed down mode.
USCIS is aware of their deficiences and hence have provided a solution. For such cases as yours, you should attach a cover letter clearly stating that this case is not to be opened by the mailroom people. It should be addressed to an IO who will do what's necessary.
It appears your lawyer did not do this. So make sure he does it right this time or find a different lawyer. You can also do it yourself by learning the procedure from others who went through the same pains.
USCIS is aware of their deficiences and hence have provided a solution. For such cases as yours, you should attach a cover letter clearly stating that this case is not to be opened by the mailroom people. It should be addressed to an IO who will do what's necessary.
It appears your lawyer did not do this. So make sure he does it right this time or find a different lawyer. You can also do it yourself by learning the procedure from others who went through the same pains.
more...
ilikekilo
07-21 10:43 AM
I still can't imagine Sen Hillary Clinton did not support legal immigrations..hmm, may be when we send it to Obama, he can take it up with his opponent to get her support too.. who knows, it is all a tricky issue
seahawks - obama did not even vote...smart...
seahawks - obama did not even vote...smart...
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paskal
06-11 11:59 AM
what exactly is your question?
there are no versions. the official text of the new proposal is on the main page and iv's official position is clearly posted too:
http://immigrationvoice.org/media/forums/Immigration_Voice_position_on_Draft_S1348.pdf
there have been amendments since, most of which are nothing to do with us barring (dis)honorable exceptions like senator sanders' money grabbing scheme.
there are no versions. the official text of the new proposal is on the main page and iv's official position is clearly posted too:
http://immigrationvoice.org/media/forums/Immigration_Voice_position_on_Draft_S1348.pdf
there have been amendments since, most of which are nothing to do with us barring (dis)honorable exceptions like senator sanders' money grabbing scheme.
more...
morpheus
04-02 09:44 PM
So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
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yabadaba
10-17 02:58 PM
commute from il to texas/leave ur wife behind/continue paying rent on ur apt and ask a friend to keep an eye out for ur receipts
if not...file AR-11 and pray for the best....there is not really that much in terms of options.
if not...file AR-11 and pray for the best....there is not really that much in terms of options.
more...
sanju_eb3
02-26 09:33 AM
If I were you, I would take start with something "less technical" in the IT field like testing. You can learn a tool or two (example: Mercury, Rational etc) and basic methodology about planning, executing and monitoring testing. You have your background in HR and can use your functional skills to add value to any HR enterprise implementation.
You can then move to more technical side of the IT fields with configuration of any of the major enterprise tools like others have suggested - Peoplesoft, SAP etc.
You can then move to more technical side of the IT fields with configuration of any of the major enterprise tools like others have suggested - Peoplesoft, SAP etc.
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eastindia
09-23 10:58 AM
It’s not India or China who asked for globalization. It was America who wants to sell their products throughout the world.
No matter how many bills these Senators may make they are not going to stop outsourcing.
America didn’t develop because of protectionist policies, it grow because it was a free market.
In today's world it is simply not possible to stop outsourcing. It is also not possible to stop all illegal immigration or send all legal/illegal immigrats out. Anti-immigrants are very few in number and they try to project as if the entire America wants what they want. They will still go and buy a Toyota and buy stuff Made in China from the store :) Ask them if they want double for their grocery every week if we deport all undocumented and their answer will definitely be a NO.
No matter how many bills these Senators may make they are not going to stop outsourcing.
America didn’t develop because of protectionist policies, it grow because it was a free market.
In today's world it is simply not possible to stop outsourcing. It is also not possible to stop all illegal immigration or send all legal/illegal immigrats out. Anti-immigrants are very few in number and they try to project as if the entire America wants what they want. They will still go and buy a Toyota and buy stuff Made in China from the store :) Ask them if they want double for their grocery every week if we deport all undocumented and their answer will definitely be a NO.
more...
house Blank Real Estate Sign
enggr
03-17 03:56 AM
Friends,
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
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sertasheep
07-08 07:43 PM
I have gotten in touch with Mr. Oh. and he has made corrections. Please see the following link. Request members to provide due credit and respect to other organizations and firms. We must work collaboratively.
Thank you, Mr. Oh.
See http://www.immigration-law.com/Canada.html
ohlaw immigration-law.com" to sertasheep
show details 8:04 pm (4 minutes ago)
Corrected. Thank you.
Original Message:
-----------------
From: sertasheep immigrationvoice.org
Date: Sun, 8 Jul 2007 16:47:28 -0400
To: matthewoh.attorney gmail.com, ohlaw immigration-law.com
Subject: Correction required to news item on your home page
- Show quoted text -
Dear Mr. Oh,
Thank you for your efforts to the immigration community, that makes your
website a good source of information. I was writing to highlight some
corrections required in a news item on your home page related to a Flower
Campaign by several highly-skilled, LEGAL professionals. The reference to
"East Indian" is not right, as there are several professionals from various
ethnic backgrounds that are participating in this effort. Can I request you
to change the reference from "Indian" or "East Indian" to *"Highly-skilled
Legal Immigrants"?*
Thank you,
Regards
Thank you, Mr. Oh.
See http://www.immigration-law.com/Canada.html
ohlaw immigration-law.com" to sertasheep
show details 8:04 pm (4 minutes ago)
Corrected. Thank you.
Original Message:
-----------------
From: sertasheep immigrationvoice.org
Date: Sun, 8 Jul 2007 16:47:28 -0400
To: matthewoh.attorney gmail.com, ohlaw immigration-law.com
Subject: Correction required to news item on your home page
- Show quoted text -
Dear Mr. Oh,
Thank you for your efforts to the immigration community, that makes your
website a good source of information. I was writing to highlight some
corrections required in a news item on your home page related to a Flower
Campaign by several highly-skilled, LEGAL professionals. The reference to
"East Indian" is not right, as there are several professionals from various
ethnic backgrounds that are participating in this effort. Can I request you
to change the reference from "Indian" or "East Indian" to *"Highly-skilled
Legal Immigrants"?*
Thank you,
Regards
more...
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pappu
02-18 10:20 AM
The flyer created by NJ chapter has been uploaded in the resources section
Flyer_2007 version (word file)
http://immigrationvoice.org/index.php?option=com_content&task=view&id=22&Itemid=36&mosmsg=Item+succesfully+saved.
Flyer_2007 version (word file)
http://immigrationvoice.org/index.php?option=com_content&task=view&id=22&Itemid=36&mosmsg=Item+succesfully+saved.
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prince_waiting
08-26 03:10 PM
Instead of doing the same old boycott and display a propensity of being destructive, I suggest we should work an extra day and get a letter from our respective employers applauding our contributions. This will not only show our constructive value to the society but also help to alienate ourselves from the illegal alien. The employer letters then can be bunched together and sent to all the major news bureaus and influential senators/congressmen to advocate our cause.
more...
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myvinbox@gmail.com
08-24 04:30 PM
any updates on status of background processing for your 485 ?
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txh1b
05-06 11:51 PM
No one can enter your property without your permission or consent unless they have a warrant. The officer has to ask you if they can come in and you might have said yes and hence the result. You could very well say no and walk outside the door to talk to them.
Some PDs have educational videos to the police officers. A good example and a must watch link below.
http://www.youtube.com/watch?v=PkaMUp_JqIE
Some PDs have educational videos to the police officers. A good example and a must watch link below.
http://www.youtube.com/watch?v=PkaMUp_JqIE
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immi2006
11-06 10:03 AM
What is new in your post ? It was like that for a few weekes now.
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
bsbawa10
09-29 08:41 PM
Extremely well put together. Can we send it to USCIS director so that it can make some impact ??
gcformeornot
04-07 01:48 PM
I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
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