werc
10-09 12:12 AM
I am assuming your lawyer meant that the H4 status could be reclaimed if necessary. As soon as one uses EAD the non-immigrant status gets lost.
Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.
Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!
Please help me, my husband also has no clue..
Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.
Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!
Please help me, my husband also has no clue..
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centaur
02-09 11:09 AM
Excellent idea.
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
leoindiano
07-09 01:08 PM
Guys,
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
This is about I-140 and Premium Processing. In 1998, there was no premium processing. Looks like you have no idea. Where do you come from? are you a stealth user? are you betsy ross?
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
This is about I-140 and Premium Processing. In 1998, there was no premium processing. Looks like you have no idea. Where do you come from? are you a stealth user? are you betsy ross?
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redddiv
07-16 08:53 PM
I agree with this idea.
I think IV did great today. BUT
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
I think IV did great today. BUT
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
more...
reddymjm
09-17 12:56 AM
Done
chanduv23
06-19 10:15 AM
Here is a recap from Murthy bulletin
USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.
Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.
If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer
USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.
Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.
If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer
more...
logiclife
09-28 05:38 PM
Hello Everyone,
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
Please keep in mind that your dates must be current when you file the writ of mandamus and your namecheck should be stuck at FBI atleast for 1 year during which your date is current. If your date is not current now, or it has been current for amount of time less than a year, WoM might not work.
Just google the writ of mandamus and there are lawyers who even specialize in such litigation against Government.
There are two threads on this "FBI namecheck delays signup here" thread and "FBI namecheck for dummies" thread on this forum where you will find plenty of information about lawyers. Last year I remember doing a conf call from lawyer for IV members who had FAQ on writ of Mandamus. It should be on the "FBI namecheck delays signup here" thread.
Another thing, if you have a prior misdemeanor conviction like DUI or DWI or something that is on your record, then dont file WoM as it might be counter productive (in the sense that namecheck not being cleared or 485 denial).
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
Please keep in mind that your dates must be current when you file the writ of mandamus and your namecheck should be stuck at FBI atleast for 1 year during which your date is current. If your date is not current now, or it has been current for amount of time less than a year, WoM might not work.
Just google the writ of mandamus and there are lawyers who even specialize in such litigation against Government.
There are two threads on this "FBI namecheck delays signup here" thread and "FBI namecheck for dummies" thread on this forum where you will find plenty of information about lawyers. Last year I remember doing a conf call from lawyer for IV members who had FAQ on writ of Mandamus. It should be on the "FBI namecheck delays signup here" thread.
Another thing, if you have a prior misdemeanor conviction like DUI or DWI or something that is on your record, then dont file WoM as it might be counter productive (in the sense that namecheck not being cleared or 485 denial).
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gc4me
07-12 09:19 AM
Lawyers are willing to file before JULY as because then they can charge the
LEGAL fee. Wake up vivekm1309....
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
LEGAL fee. Wake up vivekm1309....
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
more...
bmoni
12-22 11:55 AM
Guys, Currently i am in my 7th year. I-140 pending planning to move to another company after my I-140 approval. My understanding if you have a approved I-140 you get to keep the priority date even if you didn't apply 485...
But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...
If it not could you please point to necessary document so i can shed some lights to my attorney ..
Thanks,
Viva IV
But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...
If it not could you please point to necessary document so i can shed some lights to my attorney ..
Thanks,
Viva IV
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FinalGC
04-01 11:16 AM
You are technically getting into the EAD track and not H1 track. There will not be any issues during adjudication, however make sure the new W2 work using EAD is similar to your job profile defined in the LC.
The only problem that may come(worst case scenario) is that if ever there is a mess up by USCIS on your case or your records are incorrect or if your case is rejected.....then you could become illegal, since u r on EAD. However, being in H1 and working for the desi consulting company...would be the safest bet, until you cross the GC bridge
The only problem that may come(worst case scenario) is that if ever there is a mess up by USCIS on your case or your records are incorrect or if your case is rejected.....then you could become illegal, since u r on EAD. However, being in H1 and working for the desi consulting company...would be the safest bet, until you cross the GC bridge
more...
GC08
07-08 08:07 PM
None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)
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govind440
08-29 10:28 PM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
more...
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Green_Print
08-01 01:10 PM
I would say some imagination fused with wishful thinking :D
Is it just your imagination or did you base this on any source.
Is it just your imagination or did you base this on any source.
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kshitijnt
02-17 07:34 AM
I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
more...
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gcdreamer05
11-10 02:11 PM
Hi forum users,
My wife is on h4 visa and we have found a volunteering position for a profit company.
Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.
You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.
So that once we get our EAD we can use it to work.
Does any one have any information about this. Because it is not a non-profit company it is a profit making company.
The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.
Thanks.
My wife is on h4 visa and we have found a volunteering position for a profit company.
Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.
You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.
So that once we get our EAD we can use it to work.
Does any one have any information about this. Because it is not a non-profit company it is a profit making company.
The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.
Thanks.
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skd
01-11 12:57 PM
I had gone through the layoff thing during 2001-2002 time. Maybe, I might be mistaken. But I feel that time it was even worse.
2001 It seemed like once all dot-com related stuff clears out market will stablize, But this time this problem, Is not just Whole IT, but all industries , I heard except healthcare and education all sectors are shedding jobs. Not only that all countries have same issue , just not the countries who depend on IT related sectors for there economy.
Worst part is No-End insight, So you don't how long you have to ride this out. No economist is ready to bet if the economic stimulas will really boost up to bring out of this reccession/ depression.
I am under-estimating the problems I 2001-2002. And probably people who got affected directly by that know more about the pain, then who never went through that kind of problem.
2001 It seemed like once all dot-com related stuff clears out market will stablize, But this time this problem, Is not just Whole IT, but all industries , I heard except healthcare and education all sectors are shedding jobs. Not only that all countries have same issue , just not the countries who depend on IT related sectors for there economy.
Worst part is No-End insight, So you don't how long you have to ride this out. No economist is ready to bet if the economic stimulas will really boost up to bring out of this reccession/ depression.
I am under-estimating the problems I 2001-2002. And probably people who got affected directly by that know more about the pain, then who never went through that kind of problem.
more...
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amsgc
12-11 12:50 AM
In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.
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nousername
04-07 01:56 PM
gcformeornot: In your previous post you stated that "substitution is no longer valid".. I apologize as I am not very good with law jargon and definitions and no clue since when substitution was kicked out of the immigration law book.
Additional details will be greatly appreciated.
Thanks.
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"
Additional details will be greatly appreciated.
Thanks.
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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Green06
08-24 11:02 AM
Keep cheking the link below. It is archive of Kathy's shows. EOD today or by tomorrow the show should be archived here.
http://wpr.org/webcasting/audioarchives_display.cfm?Code=dun
http://wpr.org/webcasting/audioarchives_display.cfm?Code=dun
Googler
02-20 03:04 PM
More on this at here (http://immigrationvoice.org/forum/showthread.php?t=17450).
DDash
04-05 12:07 PM
Someone pls respond if you think you can help answer my questions. Pretty please.
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