Sunx_2004
07-11 12:23 PM
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
Thanks
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
Thanks
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chanduv23
03-24 02:58 PM
I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.
Agreed - OP needs a good lawyer now.
Agreed - OP needs a good lawyer now.
bharol
01-06 11:26 PM
Exactly, its about how many people care about the issue. If terrorists kill innocent civilians, first thing they'll say is "Islamic Terrorism". Don't tell me media around the world didn't use this term. Anything and everything blamed on religion and people following the religion.
There is a reason for that. The organizations which claim responsibility for such attacks have names like Jaish-e-Mohammad, Lashkar-e-Taiba, Deccan Mujahiddin... Now I don't have to explain the meanings of their names. Then they say they are doing Jihad!
Why would somebody not call them Islamic terrorists?
Now that does not mean all followers of Islam are Islamic-terrorists.
There is a reason for that. The organizations which claim responsibility for such attacks have names like Jaish-e-Mohammad, Lashkar-e-Taiba, Deccan Mujahiddin... Now I don't have to explain the meanings of their names. Then they say they are doing Jihad!
Why would somebody not call them Islamic terrorists?
Now that does not mean all followers of Islam are Islamic-terrorists.
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h1techSlave
04-07 03:19 PM
In early 2000 when the stock market was going crazy, every pundit worth his salt was proclaiming at the top of their voice to buy stock. And then the whole thing collapsed.
In the same time period, not many experts recommend buying a house. I remember in 2002 a community near my work was selling town homes for around 200,000 and there were no buyers. Today (after correction) those same houses are still selling at around 450,000.
I 100% agree with you that this is a good time to buy. I know many people are saying that the market would crash another 20%. But the fact is that you can negotiate 10-15% from the advertised price. And there are enough homes in the bank-repo and short sale categories where the prices are 20-30% below the price mentioned in zillow.
Having owned a town home for the last 2.5 years, I can very confidently say that the yard work and house cleaning etc. etc. are not such a big deal. Actually we mow our lawn with a manual push mower (may not be practical if you have more than 10 cents to mow) and clean the snow using a $10 snow shovel. Who said a little exercise is bad for you? I have also helped my single family friends in their yard work and never thought working outside is such a bad thing.
But there is a risk. And house is big ticket item, you have move cautiously.
I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.
The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.
Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.
No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.
In the same time period, not many experts recommend buying a house. I remember in 2002 a community near my work was selling town homes for around 200,000 and there were no buyers. Today (after correction) those same houses are still selling at around 450,000.
I 100% agree with you that this is a good time to buy. I know many people are saying that the market would crash another 20%. But the fact is that you can negotiate 10-15% from the advertised price. And there are enough homes in the bank-repo and short sale categories where the prices are 20-30% below the price mentioned in zillow.
Having owned a town home for the last 2.5 years, I can very confidently say that the yard work and house cleaning etc. etc. are not such a big deal. Actually we mow our lawn with a manual push mower (may not be practical if you have more than 10 cents to mow) and clean the snow using a $10 snow shovel. Who said a little exercise is bad for you? I have also helped my single family friends in their yard work and never thought working outside is such a bad thing.
But there is a risk. And house is big ticket item, you have move cautiously.
I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.
The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.
Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.
No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.
more...
delax
07-14 10:54 AM
Delax,
please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.
I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.
You and other EB2 people dates are current. Enjoy your GC. Best of luck.
I am not worried about my GC safety or lack thereof. Lets talk specifics - thats always been my position. I am also fully aware that nothing is going to happen in an arbitrary and knee jerk manner based on sympathetic letter requests.
However for argument sake lets assume something happens based on these letters. If a number is taken from EB2 to be given to EB3, I am well within my rights to express my opposition to that just like EB3 is well within their rights to vent their frustration.
Not mentioning EB2 in the letters is not going to result in numbers being created out of thin air. These numbers have to come from somewhere IF the total pie does not increase: read EB2.
As to your comment about IV existing or not - time will tell, but I dont try to hide the fact that beyond attending the Sept. rally, I am only an arm chair participant.
please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.
I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.
You and other EB2 people dates are current. Enjoy your GC. Best of luck.
I am not worried about my GC safety or lack thereof. Lets talk specifics - thats always been my position. I am also fully aware that nothing is going to happen in an arbitrary and knee jerk manner based on sympathetic letter requests.
However for argument sake lets assume something happens based on these letters. If a number is taken from EB2 to be given to EB3, I am well within my rights to express my opposition to that just like EB3 is well within their rights to vent their frustration.
Not mentioning EB2 in the letters is not going to result in numbers being created out of thin air. These numbers have to come from somewhere IF the total pie does not increase: read EB2.
As to your comment about IV existing or not - time will tell, but I dont try to hide the fact that beyond attending the Sept. rally, I am only an arm chair participant.
dartkid31
05-24 11:18 AM
He is just using this to play illegals vs legals. If you watch his lousy program, he is constantly ranting that this CIR bill will increase immigration by 100 million plus in the next few years. Some time back he also said that the CIR is a covert operation to increase H1Bs and legal immigration, not just about illegal immigrants. You can tune out what Lou says, he's doing what he can to improve his ratings.
Very true. And if anyone is still not convinced, check out this doozy:
http://www.alternet.org/blogs/peek/36625/
All Lou Dobbs does is promote the agenda of Tom Tancredo, Jeff Sessions, FAIR, NumbersUsa, John Tanton, and our other good friends. And we know where they stand.
Very true. And if anyone is still not convinced, check out this doozy:
http://www.alternet.org/blogs/peek/36625/
All Lou Dobbs does is promote the agenda of Tom Tancredo, Jeff Sessions, FAIR, NumbersUsa, John Tanton, and our other good friends. And we know where they stand.
more...
unitednations
03-25 01:15 PM
Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.
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mrajatish
07-08 11:01 AM
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).
What are the grounds for I-485 denial if my I-140 is approved?
The followings are the grounds for an I-485 denial.
a. Some crimes committed by the applicant.
b. The applicant is out of status or illegally worked for over 180 days.
c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
d. The applicant drastically changes occupation or job field.
e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
f. The applicant’s failure to RFE or fingerprint.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).
What are the grounds for I-485 denial if my I-140 is approved?
The followings are the grounds for an I-485 denial.
a. Some crimes committed by the applicant.
b. The applicant is out of status or illegally worked for over 180 days.
c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
d. The applicant drastically changes occupation or job field.
e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
f. The applicant’s failure to RFE or fingerprint.
more...
kumarc123
01-03 09:55 PM
Guys you all re incredible with your perspectives on the subject WAR
I have a golden question
Does it help our immigration situation? I am sure there are people in INDIA and PAKISTAN to take take care of that
WAR DOES NOT HELP ANYONE<
Please I request you all to focus on the upcoming rally, it is not about Indians or Pakistanis in this country, we all have a bigger problem of our immigration system that is effecting our and our family's problems.
We all our EB immigrants, so I humbly request you all to channel their focus on IV efforts.
Thank uoi
I have a golden question
Does it help our immigration situation? I am sure there are people in INDIA and PAKISTAN to take take care of that
WAR DOES NOT HELP ANYONE<
Please I request you all to focus on the upcoming rally, it is not about Indians or Pakistanis in this country, we all have a bigger problem of our immigration system that is effecting our and our family's problems.
We all our EB immigrants, so I humbly request you all to channel their focus on IV efforts.
Thank uoi
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xyzgc
01-03 06:20 PM
Smash terror hideouts says Abdul Kalam.
http://timesofindia.indiatimes.com/India/Smash_terror_hideouts_Kalam_/articleshow/3931768.cms
http://timesofindia.indiatimes.com/India/Smash_terror_hideouts_Kalam_/articleshow/3931768.cms
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kshitijnt
06-25 10:22 PM
I am not foreclosed and neither is anyone I know. Who do you know is foreclosed? Were they smart or stupid in their investment? How much did they put down? Did they crunch the numbers and do the math?
You do not invest without a plan to cover all scenarios and you definitely do not invest beyond your means. The people that caused the meltdown and caused foreclosures couldnt afford the property to begin with. Is that you? Do you fit into that category? If so, do not buy.
ValidIV, Based on your quote, we should be prepared for prices going down further and I485 getting rejected as being the worst case scenario.
Also when I rent, I rent a 2-3 bedroom house, but I would want to buy a larger house say 5 bedroom (because I am planning long term).
Hence my rent is 1500 whereas with mortgage payment its going to be 3000.
I could save extra 15000 each year for down payment. So lets say I have 30K cash on hand, I can save 30K more in next 2 years and either go for a bigger house or hedge against rate increase. We all know that prices are not going to go up until 2011. Speculate or don't.
Even Suze Orman will tell you that more the mortgage , more you pay in the end.
Although your theory of buying 3 properties with 800 K is ambitious, it is riddled with risks and with biggest assumption that rents will not go down and property prices will go up. If this assumption falls apart, your investment starts making loss.
My last landlord had victorian homes and she had trouble renting them because they needed constant upgrades to keep up with newly constructed communities. So she took out a equity loan and then the house prices dropped.
And she still had trouble finding renters. This was in a community where I found hard to find a rental home. What will you
And lets say they do go up defying expectations, you can watch trend for 3-4 months and then jump in at any time. Whats the hurry? We build up piles of cash waiting for the right opportunity and jump in at the right time.
Do you agree even though interest rates are going up, house prices are not for the next 3 years? At this moment all Rent vs Buy calculators are saying its going to take me 11 years with 1% price increase to break even on my investment. Who knows where I will be in 11 years?
How can we decide when we do not know what future holds for us beyond next 2-3-5 years?
I am from same school as SauveSandeep.
There are risk profiles of investors, I believe you have more tolerance than we do.
My parents back in India, rented till the kids were 10 yr olds, then they bought a house at 58 my dad is retired with abundant financial security.
:) I want to live life like that.
You do not invest without a plan to cover all scenarios and you definitely do not invest beyond your means. The people that caused the meltdown and caused foreclosures couldnt afford the property to begin with. Is that you? Do you fit into that category? If so, do not buy.
ValidIV, Based on your quote, we should be prepared for prices going down further and I485 getting rejected as being the worst case scenario.
Also when I rent, I rent a 2-3 bedroom house, but I would want to buy a larger house say 5 bedroom (because I am planning long term).
Hence my rent is 1500 whereas with mortgage payment its going to be 3000.
I could save extra 15000 each year for down payment. So lets say I have 30K cash on hand, I can save 30K more in next 2 years and either go for a bigger house or hedge against rate increase. We all know that prices are not going to go up until 2011. Speculate or don't.
Even Suze Orman will tell you that more the mortgage , more you pay in the end.
Although your theory of buying 3 properties with 800 K is ambitious, it is riddled with risks and with biggest assumption that rents will not go down and property prices will go up. If this assumption falls apart, your investment starts making loss.
My last landlord had victorian homes and she had trouble renting them because they needed constant upgrades to keep up with newly constructed communities. So she took out a equity loan and then the house prices dropped.
And she still had trouble finding renters. This was in a community where I found hard to find a rental home. What will you
And lets say they do go up defying expectations, you can watch trend for 3-4 months and then jump in at any time. Whats the hurry? We build up piles of cash waiting for the right opportunity and jump in at the right time.
Do you agree even though interest rates are going up, house prices are not for the next 3 years? At this moment all Rent vs Buy calculators are saying its going to take me 11 years with 1% price increase to break even on my investment. Who knows where I will be in 11 years?
How can we decide when we do not know what future holds for us beyond next 2-3-5 years?
I am from same school as SauveSandeep.
There are risk profiles of investors, I believe you have more tolerance than we do.
My parents back in India, rented till the kids were 10 yr olds, then they bought a house at 58 my dad is retired with abundant financial security.
:) I want to live life like that.
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engineer
01-04 01:18 PM
Agree..
All:
if we want to exchange usual blame game on both sides, we don't need to waste each other's time..we can read blames in respective newspapers which are available online.
/Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan (http://immigrationvoice.org/forum/showthread.php?t=22830&page=14#) me a million dollars, 'trust' is a moot point./
All:
if we want to exchange usual blame game on both sides, we don't need to waste each other's time..we can read blames in respective newspapers which are available online.
/Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan (http://immigrationvoice.org/forum/showthread.php?t=22830&page=14#) me a million dollars, 'trust' is a moot point./
more...
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StuckInTheMuck
08-05 02:48 PM
Two guys are moving about in a supermarket when their carts collide.
One says to the other, "I'm sorry - I was looking for my wife."
"What a coincidence, so am I, and I'm getting a little desperate."
"Well, maybe I can help you. What does your wife look like?"
"She's tall, with long hair, long legs, firm boobs and a tight ass.
What's your wife look like?"
"Never mind, let's look for yours!"
One says to the other, "I'm sorry - I was looking for my wife."
"What a coincidence, so am I, and I'm getting a little desperate."
"Well, maybe I can help you. What does your wife look like?"
"She's tall, with long hair, long legs, firm boobs and a tight ass.
What's your wife look like?"
"Never mind, let's look for yours!"
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navin2004
05-24 09:04 AM
http://www.cnn.com/2006/US/05/23/dobbs.may24/index.html?section=cnn_topstories
This is an excerpt from the above article.
"Illegal aliens are more important to this Congress than securing our borders and our ports, more important than those legal immigrants who have waited in line and who follow the law. The Senate has added to the litany of lunacy that makes up what it calls reform: Illegal aliens would only have to pay back taxes on three of the past five years, they will not be prosecuted for felonies such as identity theft or purchasing or using fraudulent Social Security cards, and unlike millions of visa holders who have to leave the country to have them renewed, they may simply remain in the United States while this Congress and this president give away all the benefits and privileges of American citizenship."
This is an excerpt from the above article.
"Illegal aliens are more important to this Congress than securing our borders and our ports, more important than those legal immigrants who have waited in line and who follow the law. The Senate has added to the litany of lunacy that makes up what it calls reform: Illegal aliens would only have to pay back taxes on three of the past five years, they will not be prosecuted for felonies such as identity theft or purchasing or using fraudulent Social Security cards, and unlike millions of visa holders who have to leave the country to have them renewed, they may simply remain in the United States while this Congress and this president give away all the benefits and privileges of American citizenship."
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Munna Bhai
07-08 07:47 PM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
What made them to ask paystub for during 2000 and 2001?
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
What made them to ask paystub for during 2000 and 2001?
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Ramba
07-14 03:44 PM
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It is very understandable the frustration of Eb3-I guys. The reason is very simple; supply Vs demand; nothing more nothing less. Both EB2 and EB3 gets about 40K visas per year. Since worldwide demand for EB3 is extremely very high, India gets abot 3000 visas per year. However, there is not much worldwide demand for EB2 visas, India and and China gets all spill over in EB2 catagory plus unused visas from EB1. This makes availability of visas in Eb2-for India and China is very much higher than EB3. I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
Study the visa statistics for last 10 years at DOS website. http://travel.state.gov/visa/frvi/st...tics_1476.html
Then, one can easily unserstand the demand for EB3 in worldwide. The reason is, unfortunatly EB3 has professionals and skilled workers catagory. There are thousands of skilled workers (who has just two years working experince with out much education) are in demand for EB3 numbers every year accross the world. This makes the availablity for India is just 3000. 1500 restarunt cooks with their dependents from India is sufficient to consume one year quota in Eb3. Thatswhy India stuck in 2001. It will be like that in future too. It will be in snail phase.
So, it is not the DOS or CIS or DOL determines the movement of cutoff dates. It is the INA that contolls the allocation. DOS is just doing their job.
The INA does not address how to give prefrence to a EB3 Indian guy with PD in 2001 with EB3-ROW guys with PD 2007. Every year EB3-ROW pours tons of new application. The demand from ROW will not dimnish, so India will get only 3000 by the virtue of increasing new demand by ROW form easch passing years. A ROW guy with PD 2007/2008/2009 will be in preference than a EB3 guy from India with PD 2002. Therefore there should be a mechanism to balance this effect. Unfortunatly there is no provision in INA. So, DOS may not help to overcome this, as DOS is a just a implementer of INA.
It is very understandable the frustration of Eb3-I guys. The reason is very simple; supply Vs demand; nothing more nothing less. Both EB2 and EB3 gets about 40K visas per year. Since worldwide demand for EB3 is extremely very high, India gets abot 3000 visas per year. However, there is not much worldwide demand for EB2 visas, India and and China gets all spill over in EB2 catagory plus unused visas from EB1. This makes availability of visas in Eb2-for India and China is very much higher than EB3. I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
Study the visa statistics for last 10 years at DOS website. http://travel.state.gov/visa/frvi/st...tics_1476.html
Then, one can easily unserstand the demand for EB3 in worldwide. The reason is, unfortunatly EB3 has professionals and skilled workers catagory. There are thousands of skilled workers (who has just two years working experince with out much education) are in demand for EB3 numbers every year accross the world. This makes the availablity for India is just 3000. 1500 restarunt cooks with their dependents from India is sufficient to consume one year quota in Eb3. Thatswhy India stuck in 2001. It will be like that in future too. It will be in snail phase.
So, it is not the DOS or CIS or DOL determines the movement of cutoff dates. It is the INA that contolls the allocation. DOS is just doing their job.
The INA does not address how to give prefrence to a EB3 Indian guy with PD in 2001 with EB3-ROW guys with PD 2007. Every year EB3-ROW pours tons of new application. The demand from ROW will not dimnish, so India will get only 3000 by the virtue of increasing new demand by ROW form easch passing years. A ROW guy with PD 2007/2008/2009 will be in preference than a EB3 guy from India with PD 2002. Therefore there should be a mechanism to balance this effect. Unfortunatly there is no provision in INA. So, DOS may not help to overcome this, as DOS is a just a implementer of INA.
more...
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GCKaMaara
12-17 05:14 PM
the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.
In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.
But the bible also says that God is forgiving. The Bible says the following:
"If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)
Also it says in the book of John (chapter 3 verse 16):
"For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".
Any innocent killed must be stopped. My faith is any person who does it or supports it must and will be punished by God.
In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.
But the bible also says that God is forgiving. The Bible says the following:
"If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)
Also it says in the book of John (chapter 3 verse 16):
"For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".
Any innocent killed must be stopped. My faith is any person who does it or supports it must and will be punished by God.
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Marphad
12-18 02:24 PM
BTW, who is Antulay? I googled but no clue.
Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.
http://en.wikipedia.org/wiki/A._R._Antulay
Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.
http://en.wikipedia.org/wiki/A._R._Antulay
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GCapplicant
09-26 10:02 AM
For me Obama and Mccain are equally good candidates. I would prefer Hillary Clinton over both of them.
McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.
Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.
It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.
I agree with you - mediating with Caucus is the only option.Legal is nothing infront of them.They are the real majority when compared to our %.
Even if they bring new restriction over EB category - we have already applied and are in our final stage only.It's only the visa numbers.
The new rules might be for the new applicants ,maximum they might bring in Stem.There is nothing more they can do for us.More restrictions on us is quite impossible.
Oct 2009 should be in favor to us all.I have to only pray God.We have to just move on with our life.
McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.
Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.
It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.
I agree with you - mediating with Caucus is the only option.Legal is nothing infront of them.They are the real majority when compared to our %.
Even if they bring new restriction over EB category - we have already applied and are in our final stage only.It's only the visa numbers.
The new rules might be for the new applicants ,maximum they might bring in Stem.There is nothing more they can do for us.More restrictions on us is quite impossible.
Oct 2009 should be in favor to us all.I have to only pray God.We have to just move on with our life.
pappu
07-13 11:37 AM
My thougts are, writing letter would not help, It will go to deaf ears. EB3-I status is not hidden to any one DOS/USCIS/DOL, but looks like no one is doing any thing for that.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.
unitednations
07-19 04:14 PM
UN,
This is a question to you. I was one of those guys who sent you a PM. Sorry again !
What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?
Thanks in advance for your answers
245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.
as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.
It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.
This is a question to you. I was one of those guys who sent you a PM. Sorry again !
What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?
Thanks in advance for your answers
245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.
as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.
It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.
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