Legal
06-10 04:59 PM
I 100% agree with you about visa capture...
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
I agree with your comments about "things not adding up".
Not sure about any language specifying spillover can occur only at the end of the year.
Doubt if there is anything in the law that prevents spillover to be used every quarter.
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
I agree with your comments about "things not adding up".
Not sure about any language specifying spillover can occur only at the end of the year.
Doubt if there is anything in the law that prevents spillover to be used every quarter.
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gsc999
04-11 12:49 PM
Update for Nor. Cal members:
We are arranging meetings with local law makers. This information has been posted on the Nor Cal Yahoo group by IV member Franklin.
I am posting this update here for new IV members from this area. PM me if you are interested in joining these meetings.
We are arranging meetings with local law makers. This information has been posted on the Nor Cal Yahoo group by IV member Franklin.
I am posting this update here for new IV members from this area. PM me if you are interested in joining these meetings.
eb2_hope
08-06 01:08 PM
Count me in too
PD Dec 2004
EB2 NSC
RD : 26th Jul 2007
FP done
PD Dec 2004
EB2 NSC
RD : 26th Jul 2007
FP done
2011 clubsetc: Funny Quotes From
hiralal
04-21 10:08 PM
friends please mention that GC delay is preventing you from buying a house and other related investments ..who knows this may catch their attention
more...
pkjena
08-01 10:40 PM
USICS Memo on this is too good for a change. From where did Murthy get the Q & A ? Is it from here ?
Siboo
07-27 06:39 PM
This thread jokes make me laugh for a while .. friends we need to add all these jokes on a seperate off topic thread to enjoy and laugh when needed !! :D :D :D ..
Also change the website address to immigrationjokes.org :D :D :D
Also change the website address to immigrationjokes.org :D :D :D
more...
reddygaru
08-10 12:20 AM
Aug 2004 and still waiting
2010 Funny Quotes football game,
senthil1
06-20 02:23 PM
This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
more...
mbartosik
02-12 09:33 PM
To serve legal notice is meaningless unless he has filed a complaint in court in which case he will likely have to pay a $100 to $200 for an "index number", and then pay a few hundred for an official process server to personally serve you or only if you cannot be personally contacted do "nail and mail". That is the procedure in NY state, because I've been the plaintiff against visa sponsor (I drove him to brink of bankruptcy before I dropped the case). For $3500 it would probably be small claims court, but the procedure will be roughly the same.
Forget about the idea of him "creating documents", what are you suggesting that he forge your signature. I doubt that he has the balls to do that, because to present documents like that in court is a very serious offense. He would be putting everything he has on the line for what -- $3500 minus expenses because you cannot claim expenses in small claims court.
Sending you an email is laughable and just shows that he is either not serious or ignorant, and likely engaging in scare tactics.
I stand by my prior advice, go see local IRS customer service center. The worst that will happen is they help you to start off the official written complaint against him, and they explain what to do in absence of W2. The best that will happen is that if you explain the blackmail a customer service person will call him on your behalf and put the fear of IRS into him. I would expect that there is a high correlation between employee abuse and tax abuse, so IRS may be interested to know who the bad apples are.
Recreating records for W2 is just a few hours work if you have pay stubs and bank records. I know someone who has to do it every year. Actually I'll email him a link to this thread. He won't be able to reply for a week because he is off for a week training.
Forget about the idea of him "creating documents", what are you suggesting that he forge your signature. I doubt that he has the balls to do that, because to present documents like that in court is a very serious offense. He would be putting everything he has on the line for what -- $3500 minus expenses because you cannot claim expenses in small claims court.
Sending you an email is laughable and just shows that he is either not serious or ignorant, and likely engaging in scare tactics.
I stand by my prior advice, go see local IRS customer service center. The worst that will happen is they help you to start off the official written complaint against him, and they explain what to do in absence of W2. The best that will happen is that if you explain the blackmail a customer service person will call him on your behalf and put the fear of IRS into him. I would expect that there is a high correlation between employee abuse and tax abuse, so IRS may be interested to know who the bad apples are.
Recreating records for W2 is just a few hours work if you have pay stubs and bank records. I know someone who has to do it every year. Actually I'll email him a link to this thread. He won't be able to reply for a week because he is off for a week training.
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maine_gc
07-06 04:55 PM
I support this action item.
Here is my story. I came to US in 2001 and was able to get the visa stamping done in US twice. My visa expired in 2005. Since the revalidation in US is stopped in 2004, i did not go to India until i received my AP in 2007. This is because i know couple of friends (brothers) who were stuck in India for almost 3 months when they went for marriage in 2005. So i decided not to take the risk. I went to India in 2008 and returned back on AP.
Now i cannot use AP anymore because my I140 was denied by USCIS. This is for sure an error by USCIS. In the denial letter they said my company applied for X number of green cards which is not true. Green cards applied by the company are too low compared to the number provided by the USCIS. My appeal is pending at AAO. If the revalidation of visa can be done in US, i can get it stamped and visit the family in India instead of waiting for the decision on the appeal.
Here is my story. I came to US in 2001 and was able to get the visa stamping done in US twice. My visa expired in 2005. Since the revalidation in US is stopped in 2004, i did not go to India until i received my AP in 2007. This is because i know couple of friends (brothers) who were stuck in India for almost 3 months when they went for marriage in 2005. So i decided not to take the risk. I went to India in 2008 and returned back on AP.
Now i cannot use AP anymore because my I140 was denied by USCIS. This is for sure an error by USCIS. In the denial letter they said my company applied for X number of green cards which is not true. Green cards applied by the company are too low compared to the number provided by the USCIS. My appeal is pending at AAO. If the revalidation of visa can be done in US, i can get it stamped and visit the family in India instead of waiting for the decision on the appeal.
more...
gc_chahiye
09-26 04:59 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
hot Funny Halloween Clown Prank. Oct 16, 2009 12:03 AM
bestia
01-05 03:58 AM
Not necessarily 4 mother in laws; the wives could be sisters.
So the number of parents-in-laws, x, is bounded above and below according to Indian law as follows:
2<=x<=20.
lol, i see fantasies are growing. A person may not have mother-in-law at all - why can't he marry to both: daughter and mother?
i guess the formula becomes 0<=x<=20... this is sick...
So the number of parents-in-laws, x, is bounded above and below according to Indian law as follows:
2<=x<=20.
lol, i see fantasies are growing. A person may not have mother-in-law at all - why can't he marry to both: daughter and mother?
i guess the formula becomes 0<=x<=20... this is sick...
more...
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dontcareaboutGC
04-13 12:12 PM
Along with Individual donations what are people's thoughts on advocating for and asking assistance from companies to donate to our cause. I keep reading many articles where many companies have been advocating and lobbying for this? I mean would it be too terrible if all us can try and pursuade our current employers to donate atleast 50-100$ for this. I dont know if it can be a recurring donation but even 1 time will make a huge impact on money collected.
I can start with my own organization and see if this will have any traction.
I can start with my own organization and see if this will have any traction.
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ssingh92
08-21 09:31 AM
I am trying to port EB3 to EB2 but can not find an employer who will file labur for EB2. Can some one send good Desi Employers by Private email.
Also I talked to one employer and he said that I have to bring experience certificate from current employer to show my experience for EB2. The current employer says he will give the experience certificate but write only one line. ..... Any tips here.
By the way kumars story is very interesting. Here some companies thinks following thats many who working Fortune 500 companies are in EB3 or nowhere.
EB1 : for God
EB2 : for Albert Einstein or equivalent or who can win Noble Prize, All other are not qualified
EB3 : Skilled worker with or without master, Like me and you.
Thanks,
Also I talked to one employer and he said that I have to bring experience certificate from current employer to show my experience for EB2. The current employer says he will give the experience certificate but write only one line. ..... Any tips here.
By the way kumars story is very interesting. Here some companies thinks following thats many who working Fortune 500 companies are in EB3 or nowhere.
EB1 : for God
EB2 : for Albert Einstein or equivalent or who can win Noble Prize, All other are not qualified
EB3 : Skilled worker with or without master, Like me and you.
Thanks,
more...
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eilsoe
02-03 06:37 PM
So did I!! =)
~nar nar! :P
~nar nar! :P
dresses Kids+having+fun+quotes
pd_recapturing
03-22 09:48 AM
BharatPremi, I PMed you. Check my message.
more...
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spdy_mn
10-21 02:32 PM
I understand.
I once asked about a soft lud and I was given red dot. The reason given was
"quit asking about soft luds". They could have said that in the thread instead of giving me red dots :confused:
I once asked about a soft lud and I was given red dot. The reason given was
"quit asking about soft luds". They could have said that in the thread instead of giving me red dots :confused:
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fcres
07-19 02:25 PM
(3) Note also the USCIS memo that went into effect by mid June:http://www.uscis.gov/files/pressrele...heet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page).
.
Could you please post the correct link? This one is not working. I wanted to check about the initial evidence
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page).
.
Could you please post the correct link? This one is not working. I wanted to check about the initial evidence
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JA1HIND
02-13 07:54 AM
thanks mhtanim....
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Another thing which you may want to keep a watch is on the dollar amount that your employer reported on W2 for FED & State... in my case my old employer filed & reported wrong dollar amount to IRS and paid less taxes then what normally supposed to be paid which was of course he did that on purpose anyway and I didn't realize until I went to H&R block to file my 2006 taxes...and happen to notice I was ending up to pay way too huge $$ amount in return to IRS
Thanks to H&R they made my options pretty simple (a) check with my previous employer to see if he can do adjustment e-filing to IRS and provide me with corrected W2 that shows correct $$ amount or we can proceed further with filing with what ever they have reported $$ to FED & State and in the H& R system they do have an option for a separate forms that can be filed along with your taxes which reports directly to IRS on the issue and IRS will take it from there becasuse for sure during adjudication of your filed taxes in IRS system there will be flag for someone to manually look into your filed case.
My useless desi employer not sure what was he thinking at that time of such plans & didn't expect me to go that far with new approach to IRS, had given him options as described above and guess what he did over night e-filing on adjustment & did over night courier to my home mailing address...
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Another thing which you may want to keep a watch is on the dollar amount that your employer reported on W2 for FED & State... in my case my old employer filed & reported wrong dollar amount to IRS and paid less taxes then what normally supposed to be paid which was of course he did that on purpose anyway and I didn't realize until I went to H&R block to file my 2006 taxes...and happen to notice I was ending up to pay way too huge $$ amount in return to IRS
Thanks to H&R they made my options pretty simple (a) check with my previous employer to see if he can do adjustment e-filing to IRS and provide me with corrected W2 that shows correct $$ amount or we can proceed further with filing with what ever they have reported $$ to FED & State and in the H& R system they do have an option for a separate forms that can be filed along with your taxes which reports directly to IRS on the issue and IRS will take it from there becasuse for sure during adjudication of your filed taxes in IRS system there will be flag for someone to manually look into your filed case.
My useless desi employer not sure what was he thinking at that time of such plans & didn't expect me to go that far with new approach to IRS, had given him options as described above and guess what he did over night e-filing on adjustment & did over night courier to my home mailing address...
deepakmathew
11-05 01:04 AM
From the director of the blockbuster "Interminable EB-backlog" comes yet another creation "V-I-S-A B-U-L-L-T-I-N...DECEMBER 2009".
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
Thomaschanaa - Kollam nalla wit : Very Good one:D
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
Thomaschanaa - Kollam nalla wit : Very Good one:D
stucklabor
04-12 12:39 PM
Guys, these are all good suggestions.
However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:
USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.
The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.
If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.
At this point, I am going to go back into hibernation. Thanks.
BTW, please don't quote a whole post if all you are going to say is "I agree".
However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:
USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.
The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.
If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.
At this point, I am going to go back into hibernation. Thanks.
BTW, please don't quote a whole post if all you are going to say is "I agree".
