53885
05-14 07:49 PM
I would recommend converting regular I-140 into premium processing and get the approval at the earliest. Then file 485 ASAP. No one knows if the date will forward or backward in coming visa bulletins.
1.I got labor and 140 approved under EB3( Company A)
2.Through different company(Company B) perm labor applied under eb2 and approved and 140 applied ( still pending)
3. used portability of priority date but 140 still pending( eb3 to eb2)
Now my priority date is current under eb2 but my 140 is pending through company B ( porting PD from company A)
is it possible to apply 485 through company B? even 140 not approved
thanks for your help.
1.I got labor and 140 approved under EB3( Company A)
2.Through different company(Company B) perm labor applied under eb2 and approved and 140 applied ( still pending)
3. used portability of priority date but 140 still pending( eb3 to eb2)
Now my priority date is current under eb2 but my 140 is pending through company B ( porting PD from company A)
is it possible to apply 485 through company B? even 140 not approved
thanks for your help.
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akhilmahajan
08-14 05:57 PM
I have my infopass scheduled for the 18th August.
I will let you guys know what happened with my appointment.
Contacting the senator is the next step for me for sure, but i am going to wait till the 87-88th day to do so. So that i cant get the same answer, that ur 90 days have not been over yet.
Thanks for updating us and all the best with ur application.
I will let you guys know what happened with my appointment.
Contacting the senator is the next step for me for sure, but i am going to wait till the 87-88th day to do so. So that i cant get the same answer, that ur 90 days have not been over yet.
Thanks for updating us and all the best with ur application.
chanduv23
07-19 07:37 AM
It is easy to hurt someone who is already hurt. Friends, I am with you all. I feel your pain.
I would say - talk to pappu and other core and form a different channel in google groups or yahoogroups and organize yourselves first and collect more and more material needed for IV members and core to start working on these action items.
Can someone stuck in backlog centers take this initiative and do it?
I would say - talk to pappu and other core and form a different channel in google groups or yahoogroups and organize yourselves first and collect more and more material needed for IV members and core to start working on these action items.
Can someone stuck in backlog centers take this initiative and do it?
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tonyHK12
01-12 07:17 PM
There is a post from logiclife arguing against the points system back in 2007 (I will find that and post it here). Since when did IV change the strategy to go with the "points system"? The simple argument against the points system is that Government (and NOT the employer) decides who is qualifed in a points based system as against the current system which only allows qualified people with a job and being inside the U.S, to apply and get GC (as against the points system which can be from anywhere in the world).
Of course the plan is not to imitate what Canada has directly, I'm sure the current job offer would have a big role, it does in canada too to a certain extent.
Also the EB queue needs to be considered while moving to the skill based one.
Of course the plan is not to imitate what Canada has directly, I'm sure the current job offer would have a big role, it does in canada too to a certain extent.
Also the EB queue needs to be considered while moving to the skill based one.
more...
ArunAntonio
08-29 07:28 PM
A very articulate set of members on this thread
but I have not seen any of you speak on this thread --> http://immigrationvoice.org/forum/showthread.php?t=12441
Please vote.
but I have not seen any of you speak on this thread --> http://immigrationvoice.org/forum/showthread.php?t=12441
Please vote.
susie
06-22 10:42 PM
CALIFORNIA IMMIGRATION LAW FIRM FILES CLASS ACTION LAW SUIT AGAINST USCIS ON BEHALF OF IMMIGRANTS
Posted on: 6/20/2008
FOR IMMEDIATE RELEASE
Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.
Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.
�This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.
The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.
Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�
�It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.
The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.
Posted on: 6/20/2008
FOR IMMEDIATE RELEASE
Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.
Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.
�This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.
The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.
Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�
�It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.
The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.
more...
santb1975
04-09 01:01 PM
We need members to sign-up and keep this thread on top
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chanduv23
09-20 06:52 AM
Please keep writing your amusing experiences - this thread is an inspiration to everyone.
For those who did not attend - this thread is to just make you feel nice and comfortable about IV folks - we are all sweet fun loving people who are standing up for ourselves.
IV members were all extremely delighted when they saw real people behind handles.
For those who did not attend - this thread is to just make you feel nice and comfortable about IV folks - we are all sweet fun loving people who are standing up for ourselves.
IV members were all extremely delighted when they saw real people behind handles.
more...
amitjoey
01-18 08:22 PM
Are we just a bunch of stingy people wanting everything for free!!????
Highskilled people for free stuff? The answer should be NO!
OUT OF THE 300,000 people stuck due to retrogression, only 8500 OR SO are IV members. Out of which not even a 1000 want to commit for minimum of $20/ month. Right now we only have some 120 people committed. That is really a shame!!. Then we find a few (5 or less people) asking what is IV doing with the funds?. What funds?
Highskilled people for free stuff? The answer should be NO!
OUT OF THE 300,000 people stuck due to retrogression, only 8500 OR SO are IV members. Out of which not even a 1000 want to commit for minimum of $20/ month. Right now we only have some 120 people committed. That is really a shame!!. Then we find a few (5 or less people) asking what is IV doing with the funds?. What funds?
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senthil1
04-07 12:18 PM
GC reform itself is long process and jumping next step is not a good idea. Also having Gc and citizenship will not make much difference. Only difference is voting , a very few government jobs and staying out of country for long time. It may be Ok to wait 5 years for citizenship for most people though it is preferable to reduce the waiting time.Green card is more important to resolve many issues. Still last time there was an attempt to reduce the waiting period 3 years.
I am also struggling to get my GC. It is my 9th year in H1B visa. My intention is, atleast we can reduce the period for waiting to get the citizenship. It can also be considered as a good benefit for our community. Just my thoughts...
I am also struggling to get my GC. It is my 9th year in H1B visa. My intention is, atleast we can reduce the period for waiting to get the citizenship. It can also be considered as a good benefit for our community. Just my thoughts...
more...
immigration1234
05-16 09:42 PM
I did not take infopass appointment. I called the Customer Service on May 6th and opened a service request and today I got a request for evidence from USCIS. I am able to see this online but did not receive any letter. I think we should receive the letter by the end of the week...very frustrating...
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validIV
04-08 02:44 PM
As a result, these annual limits have been reached and both categories have become �Unavailable.�
Visa availability in these categories will resume in October, the first month of the new fiscal year
See you guys in October!
Visa availability in these categories will resume in October, the first month of the new fiscal year
See you guys in October!
more...
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chanukya
05-16 01:41 PM
I am sure some of us do not have vaccination records, but have gone thru vaccinations back in India....The record keeping is a recent phenomenon...any body in the same boat and have gone thru same phase
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akred
04-08 10:57 AM
Another solution is to remove the dual intent nature of the H1B, and disallow filing of a green card petition for H1B holders. That will preserve the temporary nature of the H1B program and force a fresh look at the system for issuing green cards.
more...
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kramer2005
07-11 07:13 PM
krishnam,
You are messing up things!
You are messing up things!
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Saralayar
04-08 01:55 PM
I think not only that this is a nice idea, but also that it is a very smart idea.
Everybody knows that there are MANY, MANY immigrants in this Country, and if the GC holders could vote potentially immediately after getting the GC (if it is already 10 years that they are legally in USA) it would be a very strong point, under election, to push a reform of the current law.
I have been a legal immigrant (F1 and H1-B) for the last 9 years, and still waiting for my Labor Certification approval. This means I will become a US citizen after what? 20 years I am legally in this Country? Approximately, yes!
There are lot of support and response for this thread and can Core IV team consider this to be included in their Phase 2 campaign?. It will be an added feature for our to be legal immigrant community. ^^ Bump^^
Everybody knows that there are MANY, MANY immigrants in this Country, and if the GC holders could vote potentially immediately after getting the GC (if it is already 10 years that they are legally in USA) it would be a very strong point, under election, to push a reform of the current law.
I have been a legal immigrant (F1 and H1-B) for the last 9 years, and still waiting for my Labor Certification approval. This means I will become a US citizen after what? 20 years I am legally in this Country? Approximately, yes!
There are lot of support and response for this thread and can Core IV team consider this to be included in their Phase 2 campaign?. It will be an added feature for our to be legal immigrant community. ^^ Bump^^
more...
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newuser
05-15 03:53 PM
Keep calling.More phone calls, more support.
I called most of the offices , its easy some of the offices already know about the call so they will finish it for you ..
Go IV Go
I called most of the offices , its easy some of the offices already know about the call so they will finish it for you ..
Go IV Go
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sertha1
06-24 04:04 PM
I am in a similar situation. My wife who is on H1B did not worked till date.
Is it possible if she carries the vacation letter from the employer and go to India for H4 stamping? My wife do not have any paystubs.
I have also contacted my attorney and waiting for his response. I am running out of time due to the GC priority dates being current. If the attorney does that while she is in the country, it would take around 4-6 months. By then, the priority dates might be retrograted.
I believe you have a answer. Please respond.
Lawyers manage to do it if you are within the "unofficial" no paystub permissible timelimit. Or They manage by getting vacation letter etc... Contact a good lawyer.
Is it possible if she carries the vacation letter from the employer and go to India for H4 stamping? My wife do not have any paystubs.
I have also contacted my attorney and waiting for his response. I am running out of time due to the GC priority dates being current. If the attorney does that while she is in the country, it would take around 4-6 months. By then, the priority dates might be retrograted.
I believe you have a answer. Please respond.
Lawyers manage to do it if you are within the "unofficial" no paystub permissible timelimit. Or They manage by getting vacation letter etc... Contact a good lawyer.
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rb_248
01-16 08:43 AM
Hi,
I have an California EB2 RIR LC app pending with backlog center with PD of March 2005. My 6 years of H1B are over and am an Indian citizen.
Is it a good idea to convert this application to PERM - my company lawyers say that there is a risk in that if the application is rejected, there is no back-up + it can take upto 8 months to process under PERM due to the conversion.
Best Wishes
zoozee
It is very true that it might take a long time for the conversion cases to get approved. Mine took 6 months with audit. Your PERM application must be identical (not similar, it should be 100% identical) to your RIR case. They will take months to pull your RIR out from the BEC and compare it with the new PERM and if 100% identical they will approve. It is possible. It can be done. I got mine done. It will take time. It is risky especially when your 6 year limit is over. There are ways to stay in status even if it gets rejected. But are you willing to take the risk?
I have an California EB2 RIR LC app pending with backlog center with PD of March 2005. My 6 years of H1B are over and am an Indian citizen.
Is it a good idea to convert this application to PERM - my company lawyers say that there is a risk in that if the application is rejected, there is no back-up + it can take upto 8 months to process under PERM due to the conversion.
Best Wishes
zoozee
It is very true that it might take a long time for the conversion cases to get approved. Mine took 6 months with audit. Your PERM application must be identical (not similar, it should be 100% identical) to your RIR case. They will take months to pull your RIR out from the BEC and compare it with the new PERM and if 100% identical they will approve. It is possible. It can be done. I got mine done. It will take time. It is risky especially when your 6 year limit is over. There are ways to stay in status even if it gets rejected. But are you willing to take the risk?
ImmiLosers
01-14 05:42 PM
What are your plays for tomorrow?
If I do not see nervousness in the markets then I think tomorrow I am going to buy Oracle, Wal-Mart, Devon and may be Cisco. Expected return by BOB's inauguration 10%.
For Novices - do not buy SMALL Cap and Do not buy stocks < $5 (as suggested by Chintu25)
If I do not see nervousness in the markets then I think tomorrow I am going to buy Oracle, Wal-Mart, Devon and may be Cisco. Expected return by BOB's inauguration 10%.
For Novices - do not buy SMALL Cap and Do not buy stocks < $5 (as suggested by Chintu25)
snathan
03-22 10:46 AM
Totoro,
Thanks for responding., we appreciate it.
Good that you took it in the right spirit. All the efforts you are trying for us are inline with what even I wanted to do, but dont have as much access as you do. Search the forums with my id and you will see for yourself. To my knowledge there are very few who can do what you are doing. I wish Moderators and IV Core endorse your efforts in the form of a campaign and you will see much more participation. Look at the other drive they are doing for create a fund of $10000.00 If they endorse you (thats we) will get response in that order. Can you please ask Aman to do that, and that way we will have more voice.
All,
I am not sure if most of you guys even remember what my group said. We WILL contribute even $3500 and more, if there is a campaign for EB2 and EB3 and for guys waiting 5-10 years . Not sure why most of you, even senior guys(by join date, and not by # of posts) just rememer the $3500 part all the time with my name :) but miss what we said. Go n read it again.And if Core endorses does effort, I will not be surprised if there will be contribution from as much as 5000 members each of $100 on avg= $500,000. No kidding, thats the pain EB3 is facing.. Anyone to disagree??.
Gangutelli,
Gantuteli is real or fake.. similarly. Did you put all your details EXACTLY.. You know the answer.. Be little practical and have some profile that is like yours atleast.
Where were you before Jan 09..Didnt hear about IV before??.Flower campaign that hit the news.. You appear to be very emotional, with very less maturity.. Nothing personal, anyone here sees it.. check them yourself with a mature friend.I know you will post 1000 posts in the next 1 month. Tell me the secret how you get that much time(I am begging for few extra hrs in last 1 month), but only in case you have a job. Else we know.
And I said I will contribute $50 to FOIA campaign last week but did not send it yet. I will do it today. This is not in response to you Q reg contribution.. If you noticed, no one responds to your posts.
Did you create any new thread with some ideas, good or bad... Please respond to this last line, for sure..and if so, can you give me that link..
May I ask you and your fake friends...what you have contributed so far...You people are just empty gas. No one is having all the links by birth. Atleast stop wasting others' time with your useless and idiotic questions.
I really request you stop this postings...Its deviating from thr original issue.
Thanks for responding., we appreciate it.
Good that you took it in the right spirit. All the efforts you are trying for us are inline with what even I wanted to do, but dont have as much access as you do. Search the forums with my id and you will see for yourself. To my knowledge there are very few who can do what you are doing. I wish Moderators and IV Core endorse your efforts in the form of a campaign and you will see much more participation. Look at the other drive they are doing for create a fund of $10000.00 If they endorse you (thats we) will get response in that order. Can you please ask Aman to do that, and that way we will have more voice.
All,
I am not sure if most of you guys even remember what my group said. We WILL contribute even $3500 and more, if there is a campaign for EB2 and EB3 and for guys waiting 5-10 years . Not sure why most of you, even senior guys(by join date, and not by # of posts) just rememer the $3500 part all the time with my name :) but miss what we said. Go n read it again.And if Core endorses does effort, I will not be surprised if there will be contribution from as much as 5000 members each of $100 on avg= $500,000. No kidding, thats the pain EB3 is facing.. Anyone to disagree??.
Gangutelli,
Gantuteli is real or fake.. similarly. Did you put all your details EXACTLY.. You know the answer.. Be little practical and have some profile that is like yours atleast.
Where were you before Jan 09..Didnt hear about IV before??.Flower campaign that hit the news.. You appear to be very emotional, with very less maturity.. Nothing personal, anyone here sees it.. check them yourself with a mature friend.I know you will post 1000 posts in the next 1 month. Tell me the secret how you get that much time(I am begging for few extra hrs in last 1 month), but only in case you have a job. Else we know.
And I said I will contribute $50 to FOIA campaign last week but did not send it yet. I will do it today. This is not in response to you Q reg contribution.. If you noticed, no one responds to your posts.
Did you create any new thread with some ideas, good or bad... Please respond to this last line, for sure..and if so, can you give me that link..
May I ask you and your fake friends...what you have contributed so far...You people are just empty gas. No one is having all the links by birth. Atleast stop wasting others' time with your useless and idiotic questions.
I really request you stop this postings...Its deviating from thr original issue.