kevinkris
05-23 03:07 PM
Toppp
mayitbesoon
08-12 04:28 PM
We are in the same situation. Big Company. They dont really care about how much our application is delayed
Employer would not sign form 7001. Instead,can we complete the form 7001 for I-485 delay. the reason behind this is probably I-140 pending. Our priority date has been current for months. EB2 Dec 2003. InfoPass IO says that NC, BC are cleared. Do you think that this will help?
One more thing. InfoPass IO told that our application has been transferred from TSC to NSC, then back to TSC and again transferred to NSC in March 2008. But online status has no LUDs since we gave FP in Jan 2008. Online status shows that our application is pending at TSC . This is confusing and i dont know where the application is. Can we also enquire about this situation using form 7001?
Thanks.
Employer would not sign form 7001. Instead,can we complete the form 7001 for I-485 delay. the reason behind this is probably I-140 pending. Our priority date has been current for months. EB2 Dec 2003. InfoPass IO says that NC, BC are cleared. Do you think that this will help?
One more thing. InfoPass IO told that our application has been transferred from TSC to NSC, then back to TSC and again transferred to NSC in March 2008. But online status has no LUDs since we gave FP in Jan 2008. Online status shows that our application is pending at TSC . This is confusing and i dont know where the application is. Can we also enquire about this situation using form 7001?
Thanks.
indio0617
03-09 10:20 AM
Sen Feingold: Amendment regarding US naturalization...
addsf345
11-19 01:26 PM
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
more...
raydon
08-05 07:28 PM
lonedesi,
Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.
Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.
pappu
08-12 11:40 AM
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
I wish the Democrats lose big time and lose their hold from Senate and house.
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
more...
gapala
09-05 08:15 PM
Based on my research on net and discussion with economic savy friends and my own limited knowledge in economics, by any calculation, real-estate in India is going to be in deep trouble. It will be a uncalculated gamble to invest in realty at current prices in India just because the commitment is large and long term with 0 visibility
Even in NRI perspective, set aside the low GDP of india and assume that it will grow beyond wildest dreams in next 20 years (atleast I hope they will control the inflation), the prices are still beyond the Purchasing Power Parity between nations for example US and India. US PPP is around $41500 and stand at 8th position among world countries. Now all 7 countries above US are so called non attractive for NRI's. Where does india stand? 140th position with a Purchasing Power Parity of $3300. Only poor south african, south asian countries are below India in the list.
http://www.nationmaster.com/graph/eco_gdp_pur_pow_par_percap-purchasing-power-parity-per-capita
Assume that at some point in future you will need to realize the investment say 5 years from now or even 10 years. Who will buy it from you? only 2% of indian families potentially can earn $200,000 in life time. Given this, I think you can only hope that another NRI would earn and save enough at that time to buy from you paying more that what you have invested + (alternate investment value).
There are estimated 182000 including the ones waiting for approvals real estate flats and complexes are being built all across india's major cities expanding into suburbs. As someone said, NRI's invest in majority of the projects even before 10% of development is completed. These projects will be completed in next 5 to 7 years. Beyond that new projects that may come up in future which will potentially increase the supply combined with poor purchasing power of local folks and corruption is a real recipe for disaster.
I am sure majority of NRI's did not tak a deep look at economic and political scenarios before making decision on buying realty in India. I was shocked to hear one builder with such convincing tone, saying buy it now or you will loose the chance. After a week, he increased the price by 2% and told us that there is a huge demand and he already sold 20 units in 5 days since we talked to him. Hard to believe. I later heard that he is still selling units to NRI's :) and tells them same story.
That triggered me to do some research and study the situation in that country and when I try to connect the dots.. jeez its scary. It seems they do not consider capacity of drainage, sewer and waste disposal in the area to support increased usage in their project building these flats which will house 100's of new families. Public water supply pipes are also not expanded around the development area to cater increased demand and consumption. Builders just connect water pipes to the nearest public water supply point. God knows when, that public water supply pipes were layed and to support how much consumption? Water preasure in these buildings are 0 and you just see drops :) Solution to this, Builder says its a common norm that all occupants will buy the water and share the cost.
I am not throwing the my small savings to gamble in India. If you get a good deal, go for it or just wait for a correction. Now the question is what is a good deal in given circumstances? If the rotation slow down, investment locks up, poor local PPP with make credit expensive and preasure will build on borrowers to liquidate property which will lead to fall in prices. We can even expect a credit crisis in India in next couple of years.
Do not even compare effect of credit crisis in US to if at all it is going to happen in India. US is still the strongest economy and India is not. (I am not talking about growth rate here but the depth)
Even in NRI perspective, set aside the low GDP of india and assume that it will grow beyond wildest dreams in next 20 years (atleast I hope they will control the inflation), the prices are still beyond the Purchasing Power Parity between nations for example US and India. US PPP is around $41500 and stand at 8th position among world countries. Now all 7 countries above US are so called non attractive for NRI's. Where does india stand? 140th position with a Purchasing Power Parity of $3300. Only poor south african, south asian countries are below India in the list.
http://www.nationmaster.com/graph/eco_gdp_pur_pow_par_percap-purchasing-power-parity-per-capita
Assume that at some point in future you will need to realize the investment say 5 years from now or even 10 years. Who will buy it from you? only 2% of indian families potentially can earn $200,000 in life time. Given this, I think you can only hope that another NRI would earn and save enough at that time to buy from you paying more that what you have invested + (alternate investment value).
There are estimated 182000 including the ones waiting for approvals real estate flats and complexes are being built all across india's major cities expanding into suburbs. As someone said, NRI's invest in majority of the projects even before 10% of development is completed. These projects will be completed in next 5 to 7 years. Beyond that new projects that may come up in future which will potentially increase the supply combined with poor purchasing power of local folks and corruption is a real recipe for disaster.
I am sure majority of NRI's did not tak a deep look at economic and political scenarios before making decision on buying realty in India. I was shocked to hear one builder with such convincing tone, saying buy it now or you will loose the chance. After a week, he increased the price by 2% and told us that there is a huge demand and he already sold 20 units in 5 days since we talked to him. Hard to believe. I later heard that he is still selling units to NRI's :) and tells them same story.
That triggered me to do some research and study the situation in that country and when I try to connect the dots.. jeez its scary. It seems they do not consider capacity of drainage, sewer and waste disposal in the area to support increased usage in their project building these flats which will house 100's of new families. Public water supply pipes are also not expanded around the development area to cater increased demand and consumption. Builders just connect water pipes to the nearest public water supply point. God knows when, that public water supply pipes were layed and to support how much consumption? Water preasure in these buildings are 0 and you just see drops :) Solution to this, Builder says its a common norm that all occupants will buy the water and share the cost.
I am not throwing the my small savings to gamble in India. If you get a good deal, go for it or just wait for a correction. Now the question is what is a good deal in given circumstances? If the rotation slow down, investment locks up, poor local PPP with make credit expensive and preasure will build on borrowers to liquidate property which will lead to fall in prices. We can even expect a credit crisis in India in next couple of years.
Do not even compare effect of credit crisis in US to if at all it is going to happen in India. US is still the strongest economy and India is not. (I am not talking about growth rate here but the depth)
sj2273
06-11 05:31 PM
I am very junior member on IV forums and have listened to all the experts and senior members on IV from time to time. Very solid ideas and very intelligent people! Although, I am not too familiar with the intricacies of what DOS said or what USCIS said; what I know is that there are many thousands of us who are here in a limbo for many many years. I think we have been "super- nice" to USCIS and Congress in the way we have approached them for our problems and rightly so - thats just us!
We have done our best educate them via lobbying efforts etc but wouldnt you agree that its time be a little more "assertive' now. Seriously, we dont know what the bigger picture is here. Year after Year, Month after month nothing moves with USCIS. Same old grim Visa Bulletin. I had written elsewhere that I dont even remember what my dates are anymore! Being in a western country or anywhere else in the world for 10-12 years is a long time. The culture, the enviroment and the system grows on you. Most of us left from India or elsewhere, when we were in our mid 20s . As young adults most of were explorers - soaking information, knowledge, new skills etc as we embarked on our journey to settle down in a foreign country. I think its fair to say that most of us have actually acquired our adult wisdom here. What I am getting to, is that when people talk about packing their bags and going back home - it may only be easier said than done!
I am not an expert at this but I believe we may have to come together again and we will need more visibility - maybe a six month long agressive assertive campaign - letters, flowers, rally and more all together so that we can catch congress' attention. It seems like legislation is the only way out here. Again, please pardon my inability to comprehend issues correctly, if I am wrong in saying so, but if we continue to rely on visa bulletins and USCIS; nothing is going to happen. All I can say is that whatever leaders and intellects at IV decide, I am here in anyway you all need me to help! Please feel free to ask for help at jaisinghaII@gmail.com. Thank you for reading my post.
We have done our best educate them via lobbying efforts etc but wouldnt you agree that its time be a little more "assertive' now. Seriously, we dont know what the bigger picture is here. Year after Year, Month after month nothing moves with USCIS. Same old grim Visa Bulletin. I had written elsewhere that I dont even remember what my dates are anymore! Being in a western country or anywhere else in the world for 10-12 years is a long time. The culture, the enviroment and the system grows on you. Most of us left from India or elsewhere, when we were in our mid 20s . As young adults most of were explorers - soaking information, knowledge, new skills etc as we embarked on our journey to settle down in a foreign country. I think its fair to say that most of us have actually acquired our adult wisdom here. What I am getting to, is that when people talk about packing their bags and going back home - it may only be easier said than done!
I am not an expert at this but I believe we may have to come together again and we will need more visibility - maybe a six month long agressive assertive campaign - letters, flowers, rally and more all together so that we can catch congress' attention. It seems like legislation is the only way out here. Again, please pardon my inability to comprehend issues correctly, if I am wrong in saying so, but if we continue to rely on visa bulletins and USCIS; nothing is going to happen. All I can say is that whatever leaders and intellects at IV decide, I am here in anyway you all need me to help! Please feel free to ask for help at jaisinghaII@gmail.com. Thank you for reading my post.
more...
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srgadi
09-10 01:33 PM
Contributed $100 just a min ago. Google Order #151408234928192
Sorry cannot make it to the rally due to personal reasons.
Sorry cannot make it to the rally due to personal reasons.
vadicherla
05-28 02:27 PM
i will contribute 50$ now
contributed 350$ so far
contributed 350$ so far
more...
mirage
08-03 11:45 PM
Pani,
Thanks for Drafting this letter. I would add Rep. Zoe Logfren(Chairwoman of the immigartion subcommittee in the house & Senator John Cornyn Chairman of the immigartion subcommittee in the Senate) officials usually respond when things are addressed to Lawmakers too..
Guys please send out this letter.
I will appreciate if you could add these 2 in your 'Copy to' section...
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Thanks
Thanks for Drafting this letter. I would add Rep. Zoe Logfren(Chairwoman of the immigartion subcommittee in the house & Senator John Cornyn Chairman of the immigartion subcommittee in the Senate) officials usually respond when things are addressed to Lawmakers too..
Guys please send out this letter.
I will appreciate if you could add these 2 in your 'Copy to' section...
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Thanks
perm
09-10 10:47 AM
The greatness of USCIS is unbelievable!!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
So, are we guys just sit and watch?? and post replies here?
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
So, are we guys just sit and watch?? and post replies here?
more...
deardar
09-14 12:13 PM
bumping!
chanduv23
05-14 02:19 PM
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
that is not possible. That would mean - someone must modify it at a database level in the backend and I don't think manipulating is possible or permissible. Manipulating such data is a crime and it is seriuos security breach of the system and if the agency is manipulating backend data - it is a serious issue.
I understand that we all start to think cynical when such things happen.
Based on the massive level of AC21 denials when employer revokes 140 - we are not sure what is going on.
Good luck.
that is not possible. That would mean - someone must modify it at a database level in the backend and I don't think manipulating is possible or permissible. Manipulating such data is a crime and it is seriuos security breach of the system and if the agency is manipulating backend data - it is a serious issue.
I understand that we all start to think cynical when such things happen.
Based on the massive level of AC21 denials when employer revokes 140 - we are not sure what is going on.
more...
GC_for_andy
06-29 03:47 PM
I was kind of oblivious and busy in my work since I applied labor �and was thinking everything will fall in place gradually..
I registered to this site today and just read this forum.. ..and �..simply freaking out �
My attorney applied my Labor in Nov 2006 (according to him) in Atlanta and I still don�t have any response �no audit �.nothing �.it is just in process�can u believe it?
� can I do something from my end �
I hope 140 and 485 is still not in retrogression state �. Do u guys know how long it will continue to be in this state�
I registered to this site today and just read this forum.. ..and �..simply freaking out �
My attorney applied my Labor in Nov 2006 (according to him) in Atlanta and I still don�t have any response �no audit �.nothing �.it is just in process�can u believe it?
� can I do something from my end �
I hope 140 and 485 is still not in retrogression state �. Do u guys know how long it will continue to be in this state�
immi_enthu
08-10 06:14 PM
Any updates from USCIS regarding lockbox & receipting dates?
it's still not a week since 08/03/2007 for USCIS :D. they have more 7 days in a week :rolleyes:.
it's still not a week since 08/03/2007 for USCIS :D. they have more 7 days in a week :rolleyes:.
more...
pappu
09-09 12:05 AM
Withiin 2 hours of posting this message, late in the night we have got 8 people contributing $100 each. Thanks for the spirit. I am sure with everyone's help we will reach our target sooner and can easily commit our resources for the rally.
guy03062
03-15 03:15 PM
Its confusing whether EB measures will remain in Mr. Frist's bill or not, as following statement contradicts to that he will striped out only guest worker provision for illegal aliens:
Sen. Majority Leader Bill Frist plans to introduce a bill that deals solely with border security as early as today.....
Let's wait for the bill and hope EB proposals remained...
If majority leader Bill Frist bypass Judiciary committee and introduce enforcement alone bill, EB proposal will be there? It also reported that this bill have Senater Arnel Specter proposals and striped out guest worker provision for illegal aliens.
Does this means that Senater Arnel Specter's proposals on Employment base immigration remain in that bill?
If yes, We don't have to loose anything.
Please post, if some one have information
Sen. Majority Leader Bill Frist plans to introduce a bill that deals solely with border security as early as today.....
Let's wait for the bill and hope EB proposals remained...
If majority leader Bill Frist bypass Judiciary committee and introduce enforcement alone bill, EB proposal will be there? It also reported that this bill have Senater Arnel Specter proposals and striped out guest worker provision for illegal aliens.
Does this means that Senater Arnel Specter's proposals on Employment base immigration remain in that bill?
If yes, We don't have to loose anything.
Please post, if some one have information
saimrathi
07-05 03:14 PM
Very good news.. Keep it up.. I have done my share of calling/writing to the Representatives...
I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.
She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.
I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.
Call make much impact than the email/fax
I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.
She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.
I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.
Call make much impact than the email/fax
aadimanav
07-15 10:11 AM
Check Sent.
Thanks,
Thanks,
ek_bechara
06-06 08:47 PM
Just contributed 100 USD. I know the money will go far and also that IV needs more money to get us where we want to be. Come on people, lets do it.
100 USD will buy you freedom.
100 USD will buy you freedom.
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