Thursday, June 16, 2011

Heart Attack

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  • Hinglish
    03-03 11:35 AM
    adjusted Gross Income:)

    Shoot ... I knew I didnt get that right ... :p





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  • GCNirvana007
    10-08 04:14 PM
    I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.

    Right now who is my employer Company A or B or none of the above?.





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  • gjoe
    08-20 07:01 PM
    I am opening this thread to bring focus to the real issues at hand and how to channel our energy (frustation) effectively for seeing postive results

    Primary Issue - In my opinion most of us are frustated not because our GC is being delayed. But we are frustated because we have no concrete information/data/stastics to reliably predict when our pending case will be up for review.

    How are we trying to resolve the issue?

    Currently we come here express our ideas on how to get bills passed, discuss solutions to fix the problems, organize campaigns, rallies, send flowers, etc,.

    Why we don't see much success with our current approach?
    Organzing a huge rally is not easy, making 25000 people send letters is not easy, organising 200 people to send flowers is not easy. We are unable to get our message across to the correct authoratives.

    So what can we do?

    As we all know most of call USCIS for status. And also we know USCIS has a limited number of customer service agents.

    I would suggest that we all call USCIS every month 3rd week from mon -friday and just ask for our case status and other things what generally our members ask. We should do this every month 3rd week. The goal is to increase the call volume.
    We can all call DOS starting 10th of every month to check about the visa bulletin until it is published. We can ask them for projections, predictions and all that you can think of with respect to visa bulletin. - The goal is to increase the call volume
    We should be polite during all our phone conversation with the agents.

    What do we get by increasing the call volume?
    All customer support call centers gather information on the type of support calls they receive. They use this information to address issues to reduce the call volume.
    To address the issue USCIS and DOS should try to give out more relevant information in their visa bulletins and also give more information in the case status online.

    What can we do with more information from USCIS and DOS?
    We can plan for our future better, since we have better information.
    IV can focus on real issues when we have the accurate information.
    We will have better information while we ask for reforms in the EB GC system.
    We will have less frustation because we have a clearer idea when to expect our pending case to become active


    Please feel free to comment also participate in the poll





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  • lacrossegc
    06-25 01:19 PM
    IMHO The problem will arise with USCIS only if the employer does not pay AT ALL ... delayed/irregular payments (as long as they meet the proffered wage on the LCA) should be fine. Not paying at all will be a serious breach of contract and the employers will be in serious trouble for doing that ....



    What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.

    Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.

    I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.



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  • gcdreamer05
    04-17 01:17 PM
    Yes, absolutely.

    Hi Attorney Aruben,

    Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?

    This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.

    If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.

    We really appreciate your time and effort for replying to our questions on this forum.

    Thanks.





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  • srkamath
    10-15 02:58 PM
    If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
    If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.



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  • WeShallOvercome
    07-23 06:29 PM
    have you used your checks for filing of application or did your employer paid for it.
    When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
    and possibly asking SC to issue you another receipt...


    Employers and lawyers are smart enough.

    They took money from us but paid the fee with their own checks.
    I don't think getting the receipt number is an issue, we can somehow get it.
    I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
    On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
    any suggestions?





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  • H1B-GC
    09-17 02:42 PM
    2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.

    From the discussion, I think the officer will stamp the last original, make a copy and give the original back.

    Have a Photocopy of the AP with a "Copy" Seal on it just in case... I had 2 original AP's and both the Times i travelled international - From Rome and Hyd,India to US , the Immi. Officer gave back the Original with the Stamp on it. you could request the Officer to give back the AP explaining your case. This shouldn't be a matter of concern.



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  • kate123
    06-17 01:42 PM
    As deecha suggested, consult a legal authority or you can also talk to some one at office of international students.

    good luck





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  • arunmohan
    06-09 05:07 PM
    "Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..

    Did you try to get Infopass apointment? My friend received his GC last week and his PD was Nov, 2001.



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  • Suva
    07-20 01:51 PM
    I agree too.

    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!





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  • sbdol
    07-21 09:45 PM
    Yes, it is good for people with latest priority dates. For 2006 and 207 priority dates people, I recommend paying the new fees, it would benefit them on a long run.

    You are saying as if one has a choice.
    If you file before August 17 then you have to pay the old fee. If you apply after August 17... actually people with the 2006-07 priority dates may not have this opportunity in the foreseeable future unless legislature bodies do something about the retrogression.



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  • EndlessWait
    09-08 12:02 PM
    so why complain.. ofcourse just kidding! , no pun intended





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  • eastindia
    09-27 12:43 PM
    If you feel IV is our only hope/interpreter, then lets fuel it.
    We all know IV needs funds to operate and to drive our concerns.
    I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
    each ticket may be sold for $10 ,
    $10 x 20,000 tickets = 200k
    100k for IV , 100k can be split to top 10 winners.

    Please take your poll above.

    Experts can add suggestions to help it construct.

    Ideas are like a**holes. Everybody as got one. :D



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  • abhishek101
    05-21 12:42 AM
    Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.

    If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).

    My situation is

    Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.

    Filed at : Nebraska Service Center

    For Wife
    Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th

    My Wife was on EAD/OPT based on her student visa (and not on H4)





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  • signin241
    07-24 09:15 PM
    Thanks for the responses.

    I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.



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  • nashorn
    12-18 03:25 PM
    Have you got their decision on your 140? They wouldn't make dicision on your 485 untill they have decision on your 140. If your 140 got denied, your 485 would be denied.





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  • tikka
    05-29 09:08 PM
    Donot forget to send the webfax :)

    thanks

    2750 web faxes have been sent! we are trying to get to 3,000.:)





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  • Leo07
    11-14 09:41 PM
    All the thoughts...and suggestions in the heat of the moment is fine....but let'sa ll stick to the same passion and participate in IV efforts with the same enthusiasm.





    Munna Bhai
    12-17 09:51 AM
    Hi
    If i-485 gets denied then what should i be doing?
    Should i call the USCIS to find the reason for denial or Should i visit a lawyer?

    Is their any way that i can get my I-485 reopen?
    In how many days should i get my I-485 reopened?

    Please help i am in need!

    No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.

    Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.





    EADchallenged
    07-27 04:17 PM
    CIR is akin to churning the ocean and in an election year highly unlikely. Our best opportunity this year would be to get some retrogression relief in this bill. Filing for 485 gets some extra dollars for the ICE and at the same time does not add a single extra immigrant. Is this being pursued seriously?



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