ub27
02-17 10:07 AM
Donated $50.
Paypal transaction ID: 4P412963A81144324
Paypal transaction ID: 4P412963A81144324
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helpme1234
09-18 07:44 AM
My appl recvd at NSC on July 3 at 11:14 am by f heuifner anyone on the same boat
GCStatus
09-17 02:43 PM
GCStatus, I think Prashanthg's point is a valid one but that in no way means that we should not sue USCIS for what all they have been doing all these years. This in fact will help us prepare our case even more stronger against USCIS. It is best we ourselves find all the gaps we might have while we proceed with this case instead of them coming onto the issue.
I would suggest everyone who ofcourse is in favor or in doubt to bring forward the issues they think we need to cover while we move on with this.
Pamposh.
Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.
We are making great progress. Lets keep it going. Its ideal, we dont waste our energy on these.
I would suggest everyone who ofcourse is in favor or in doubt to bring forward the issues they think we need to cover while we move on with this.
Pamposh.
Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.
We are making great progress. Lets keep it going. Its ideal, we dont waste our energy on these.
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priti8888
10-08 08:34 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
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feedfront
08-26 01:06 PM
They approved my EAD and Adv Parole (last month within 2 weeks of application), but no progress on my case :confused:
Congratulations to all newly greened folks and Good Luck to all waiting....
Congratulations to all newly greened folks and Good Luck to all waiting....
acecupid
09-25 03:58 PM
Saw an interesting video on youtube the other day. The first thing that came to mind was the EB2-EB3 fights. If only we can fight together rather than each other ! ;)
YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)
YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)
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sam2006
07-19 06:58 PM
count me in also ....
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mike_2000_la
06-08 06:23 PM
My case was received by NSC on JUN 1st. They issued the recipt numbers on JUN 5th. I am still waiting on my wifes. They could clear on Monday.. Looks like NSC is also trying to speed up things. They are just one day slower than TSC in issuing recepts.
So your LIN number should be like...
LIN-07-175-5-xxxx
can you confirm?
So your LIN number should be like...
LIN-07-175-5-xxxx
can you confirm?
more...
sunsuri
08-19 06:54 PM
I got my EAD card yesterday. I am still waiting for receipt number for I-485 / I-131 though.
Congrats. Good to know that. Few days back I remember your checks hadn't cashed. Did you have a single check for EAD, 485 and 131 or seperate checks?
Congrats. Good to know that. Few days back I remember your checks hadn't cashed. Did you have a single check for EAD, 485 and 131 or seperate checks?
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manderson
11-01 04:01 PM
what happens if one changes job after 180 days but the I-140 has not been approved?
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
more...
CADude
08-01 04:53 PM
USCIS are doing internal transfer from more than a year(140 & 485). They are processing 140 and 485 at both the centers and requesting the application at NE only. It seems now you noticed.
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
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srkamath
08-10 08:07 PM
I git the I-485 Approval mail on 8/4/08 - but I have not recd any CPO mail or welcome PR mail - nor have I recd the notices in the mail -should Itake Infopass appt ?
wait4ever,
you waitISover
pls update your username :);)
wait4ever,
you waitISover
pls update your username :);)
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desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
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wizpal
11-21 10:38 AM
Mehul,
May God give you and your family the strength and power to come out good through this trying times...Best of luck.
Do drop us a note if you need any help...
May God give you and your family the strength and power to come out good through this trying times...Best of luck.
Do drop us a note if you need any help...
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coloniel60
06-11 01:17 PM
When I asked my employer to send me an employment letter so that I can file my I-485 application on my own, my employer insisisted that I mail him all the I-485 documents and a check for $2500 on his name and that he will add the employment letter and mail the application to USCIS.
Apart from gaining $1000 (2500 I sent him - 1500 for I-485 fees) does the employer benifit anything by mailing the application himself. Am I correct in assuming that I will receive the receipt notice even if the employer mailed the application to USCIS (He is not using a lawyer to represent me)? :confused: :confused: :confused:
Apart from gaining $1000 (2500 I sent him - 1500 for I-485 fees) does the employer benifit anything by mailing the application himself. Am I correct in assuming that I will receive the receipt notice even if the employer mailed the application to USCIS (He is not using a lawyer to represent me)? :confused: :confused: :confused:
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pooja_34
08-31 04:08 PM
All you freaking South Indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between North and South - Can we just seperate the Telugu, Kanada, Tamil and Malayalam people from the North and the rest of us Northeners will be just fine :)
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abq_gc
08-18 02:39 PM
Thats is true, it is always about me. Want to make it now about "you" ? Then write to ombudsman.
good reply... these are the kind of people with LOW HANGING BALLS... or FRUIT... i guess
good reply... these are the kind of people with LOW HANGING BALLS... or FRUIT... i guess
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some_guy
09-20 02:39 PM
Which number to call?? Do they ask all the details of lawyer as well??
Thanks
applied july 12 NSC, called IO today and got receipt no LIN-07259XXXXX eneterd into system on sept 13th. Checks not cashed yet!!!
Thanks
applied july 12 NSC, called IO today and got receipt no LIN-07259XXXXX eneterd into system on sept 13th. Checks not cashed yet!!!
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knnmbd
05-02 02:56 PM
Hm....
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
Because you still have the following still not a part of the exemption:
EB1 or Priority Workers : Multinational Executive or Manager
Employment Based Second Preference (EB2) : "aliens of exceptional ability."
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
Because you still have the following still not a part of the exemption:
EB1 or Priority Workers : Multinational Executive or Manager
Employment Based Second Preference (EB2) : "aliens of exceptional ability."
anzerraja
07-20 11:06 AM
Shana04,
We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.
Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)
Thanks !!!
My pledge $200.00
Aman,
You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
Order Details - Jul 20, 2007 10:25 AM CDT
Google Order #912004279351454
Please use this order number to pay my contribution towards our hero Aman.
Thanks,
Nagesh
We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.
Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)
Thanks !!!
My pledge $200.00
Aman,
You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
Order Details - Jul 20, 2007 10:25 AM CDT
Google Order #912004279351454
Please use this order number to pay my contribution towards our hero Aman.
Thanks,
Nagesh
JunRN
08-31 07:57 PM
I am not against this rally...people with time and resources must go to this rally.
I am in F1 with no income...all I can do for you is to solve my own worries and not a burden to you!
I am in F1 with no income...all I can do for you is to solve my own worries and not a burden to you!
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