ImmiRam
09-13 05:05 PM
Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
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sri1309
11-09 07:34 AM
sure. how about friday evening. say around 7:00? you bring the chips, I'll bring the salsa.
Good one, but no Mr. Hopeful, thats not going to be that easy.
Its quite possible you cannot meet any of them that easily in next few weeks or months. But we can keep writing to many, papers, etc.. Write even Bill Clinton who strong supports the government and others too. and in change.gov-->Agenda-->Immigration to write to BArrack.
Good one, but no Mr. Hopeful, thats not going to be that easy.
Its quite possible you cannot meet any of them that easily in next few weeks or months. But we can keep writing to many, papers, etc.. Write even Bill Clinton who strong supports the government and others too. and in change.gov-->Agenda-->Immigration to write to BArrack.
yagw
07-27 02:58 PM
By law, you need to notify change of address within 10 days of your move.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Just a suggestion, if you don't want to update your case status now (aka "rock the boat"), then you can commute/telecommute from old address till sept 1.
DISCLAIMER: I am not an Attorney and this is not a legal advice
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Just a suggestion, if you don't want to update your case status now (aka "rock the boat"), then you can commute/telecommute from old address till sept 1.
DISCLAIMER: I am not an Attorney and this is not a legal advice
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Asian
05-30 02:07 PM
As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
more...
smartboy75
09-29 03:17 PM
Looks like an unique situation...no reply from anybody...
lazycis
01-10 08:26 AM
EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
The bad part of it in your case is that NC is still pending.
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."
So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.
http://en.wikibooks.org/wiki/FBI_name_check
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
The bad part of it in your case is that NC is still pending.
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."
So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.
http://en.wikibooks.org/wiki/FBI_name_check
more...
qplearn
09-30 05:45 PM
PERM started last year.. there are people who applied labour before that and still waiting.. i personally know two of my friends who applied for labour in april 2001 and still waiting for approval.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
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Ven
01-19 06:46 PM
did u request a change, ex address change,..
more...
ItIsNotFunny
08-02 10:17 AM
Is this true? If the employer agrees to not invoke I140 for next 180 days, I can start working for another company tomorrow without affecting my 485 application?
Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?
Thank you!!
This is dicey. The rule of thumb is: GC is for future employment. Somehow you need to convince this immigration officer that you worked or want to work for employer who filed GC for you. Thats why they have this 180 days clause.
Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?
Thank you!!
This is dicey. The rule of thumb is: GC is for future employment. Somehow you need to convince this immigration officer that you worked or want to work for employer who filed GC for you. Thats why they have this 180 days clause.
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boston_gc
05-30 10:31 PM
My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?
Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)
Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)
more...
sonia_sd
09-14 02:34 PM
The company is very healthy financially and has around 100 employees on payroll. They have successfully processed many GCs for the existing employees in the last 3 years. The irony is one of my friends that filed with me on the same advertisement and profile got his GC 18 months ago!!
jlt007us,
Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.
Soni-
jlt007us,
Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.
Soni-
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Can2004
10-08 08:26 PM
H1B, AOS pending @ NSC(PD- Sep 2004, 485 RD - 08/17/2007).
Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.
Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.
more...
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bsbawa10
08-14 11:11 PM
dude, there's gibberish in the sheet.............is this the right link?
Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.
My humble request to all please act responsibly.
Do not edit somebody elses data.
Do not add/delete/modify any column.
Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
I will sort the data according to PD periodically.
You can add your own row at the end . Also please please do not sort the data.
Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.
My humble request to all please act responsibly.
Do not edit somebody elses data.
Do not add/delete/modify any column.
Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
I will sort the data according to PD periodically.
You can add your own row at the end . Also please please do not sort the data.
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Jaime
09-12 04:41 PM
Next is Baasha :D:D
And your profile says you are not coming to rally, why so?
Hey Nave! Come to the rally! We don't want "nave" to join "ranga", "billa", "pablo" and "echo" in the Reverse Brain Drain! Join us! You can still make it! We can help you with travel funds if needed!!
And your profile says you are not coming to rally, why so?
Hey Nave! Come to the rally! We don't want "nave" to join "ranga", "billa", "pablo" and "echo" in the Reverse Brain Drain! Join us! You can still make it! We can help you with travel funds if needed!!
more...
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saimrathi
07-23 03:43 PM
UPS says Delivered at 7.30am on 7/2/07 signed for by Hindera..
Although I dont know what the point of this thread is... as someone said, please keep all tracking to one thread or ..
Although I dont know what the point of this thread is... as someone said, please keep all tracking to one thread or ..
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perm2gc
12-26 11:46 AM
Pappu - thanks for the quick reply.
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank You for joining IV.SKIL bill may not be for you but the provisions in the SKIL bill has lot of benefits that will indirectly benefit you.IV is not organization for 4year degree or Nyear degree but for all.
As you might be aware that you will be filing the your case under EB3 and we have many members with your scenario (including educational qualifications)So by being an active member on IV,you will have access to information that is hard to find.
If you go through the IV agenda,if you will know more about the bills IV is pursuing.
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank You for joining IV.SKIL bill may not be for you but the provisions in the SKIL bill has lot of benefits that will indirectly benefit you.IV is not organization for 4year degree or Nyear degree but for all.
As you might be aware that you will be filing the your case under EB3 and we have many members with your scenario (including educational qualifications)So by being an active member on IV,you will have access to information that is hard to find.
If you go through the IV agenda,if you will know more about the bills IV is pursuing.
more...
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leoindiano
09-19 11:16 AM
Dudes,
I dont know about what stopped you all from attending. If there is no genuine reason, I really feel sorry for you.
Rally was huge success, there was 1800 to 2000 people. IV has their names, Indians and chinese are the ones who are effected more, thats why we have more from those nations at rally.
The only disoppintment was number, expected 10000 and got only 2000. Otherwise, enthusiasm and the response was really great.
I dont know about what stopped you all from attending. If there is no genuine reason, I really feel sorry for you.
Rally was huge success, there was 1800 to 2000 people. IV has their names, Indians and chinese are the ones who are effected more, thats why we have more from those nations at rally.
The only disoppintment was number, expected 10000 and got only 2000. Otherwise, enthusiasm and the response was really great.
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GCHope2011
09-17 11:19 AM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
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seemashah
02-21 04:17 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
Ann Ruben
03-19 04:06 PM
Unfortunately, there is no way to avoid the DOL online PWD system for PERM---it is mandatory.
GCHope2011
09-17 11:19 AM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
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