rajuseattle
01-14 07:11 PM
Mohican,
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
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srini1976
06-24 11:59 AM
Just Called, the lady said she was handling immigration issues for the congress man. She took the message about supporting the 3 immigration bills with no(s). She asked my name and zipcode and was very supportive during call.
GreenCord
07-20 04:46 PM
Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
While the reasons seem valid, please think over this action clearly. For one any case such as this one can take a long time to go to trial and there is no guarantee of a favourable verdict. Also filing of such cases end up being very expensive for the plaintiff.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
While the reasons seem valid, please think over this action clearly. For one any case such as this one can take a long time to go to trial and there is no guarantee of a favourable verdict. Also filing of such cases end up being very expensive for the plaintiff.
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psvk
04-30 11:15 AM
$100
Receipt ID: 7B581316H2671372C
Receipt ID: 7B581316H2671372C
more...
dixie
03-18 10:59 PM
trouble is that labor certification is not explicitly mentioned in 406 (although that seems to be the intent). Besides, section 405 says that those with "advanced degrees" in STEM and who have been employed on NIV can directly apply for change of status subject to per-country caps .. then again there is mention of a special labor certification process for those with advanced degrees. So i think the conclusion is that while labor certification wont be done away with , there will be special handling for those with STEM degrees .. and those with 3+ years experience AND STEM degree wont be subject to per-country limits.Again, lots of ifs and buts in the whole thing .. we will have to wait and see.
logiclife
06-30 01:05 PM
we are working on setting up a webfax aimed at House members supporting Congressman Shadegg's bill.
more...
gc_dedo
08-08 02:36 PM
Any updates on this topic?
I didnt get rebate check this year because i havent filed my wife and kid EAD.
I can apply for their EAD and get SSN so i can get the rebate next year but that costs money too.
I didnt get rebate check this year because i havent filed my wife and kid EAD.
I can apply for their EAD and get SSN so i can get the rebate next year but that costs money too.
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vdlrao
07-14 11:13 AM
So far there have been around 100k approvals in EB3 category out of about 170k (unused family visas made available to emploment based category) approvals in employment based category. Out of that EB2 approvals are around 50k only. Now the scenario would be like 100k approvals in EB2 and out of that 50k would be exclusively for EB2 India, leaving very little share to china. Now you could presume how fast EB2 runs.
more...
JisDeshMeinGangaBehthiHai
09-22 09:45 AM
I did not go to DC because i did not want to get the green card this way.I grew upwatching aunts,uncles coming from USA bearing gifts.I grew up watching cousins go for USA for higher studies.It used to be so special. Now its become so cheap. Now you guys have literally taken it to the streets. There's no difference between those illegal immigrants and us. This H1visa has ruined it for really smart students who come here on F1 with full scholarship.
This software industry and these cheap bodyshopping companies made it nothing more than a whore business.
My heart is broken. I dont care anymore.thats why i did not come to DC.
This software industry and these cheap bodyshopping companies made it nothing more than a whore business.
My heart is broken. I dont care anymore.thats why i did not come to DC.
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asanghi
04-30 12:21 PM
Just contributed $100 through Paypal.
Receipt ID: 9KK73848NS0845404
Receipt ID: 9KK73848NS0845404
more...
eb3_nepa
03-09 11:57 AM
Guys pls lets keep these contorversial discussions out of here. Yes it is a valid point that H4s shud be allowed to work. However we cannot compare the US immigration system to the Australian one. They are 2 very different systems and the Blunt truth is, if you like the Australian system better go there :)
Let us keep the thoughts positive and constructive, instead of opening a can of worms like "racism" and "discrimination". These things are VERY hard to prove and may not even be realistic to go after.
What we Can do is, point out that L2's can work but H4's cant. In my opinion atleast, that is a fair comparision. Apples to Apples.
1) H1 and L1 can BOTH apply for GCs
2) H1 and L1 can BOTH work here in the US
3) H4's cannot work but L2's can.
This is a simpler argument coz L1's can come from any country and their spouses can still work.
Let us keep the thoughts positive and constructive, instead of opening a can of worms like "racism" and "discrimination". These things are VERY hard to prove and may not even be realistic to go after.
What we Can do is, point out that L2's can work but H4's cant. In my opinion atleast, that is a fair comparision. Apples to Apples.
1) H1 and L1 can BOTH apply for GCs
2) H1 and L1 can BOTH work here in the US
3) H4's cannot work but L2's can.
This is a simpler argument coz L1's can come from any country and their spouses can still work.
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NolaIndian32
10-27 02:04 PM
Just a hypothetical scenario.
Say an applicant is having PD of March 2005.
His/Her 485 gets approved with PD of Jan 2005. (may be a typo by CIS data entry person)
However at the time of approval, PD is current till June 2005. (he or she should have been approved anyway).
What would be the scenario? Thoughts? Any one????
In the scenario presented above, or where USCIS erroneously issued a GC when PD is not current, the obligation on the GC applicant's part is to report the error for appropriate resolution by USCIS. Even if the GC applicant (like my best friend who got his GC in 2008) is not aware of the detailed process, and is not tracking RD, PD, ND, the applicant still has an attorney who is representing the applicant. Also, filing the I-485, doesn't automatically guarantee the issuance of a GC (eg of withdrawing $100, expecting to get $100 but getting more than that amount - comparison is not apples to apples when talking about expecting GC after you file I-485).
In the end, when these situations occur it boils down to doing what is ethically and legally appropriate, within an appropriate response time frame.
-Nola
Say an applicant is having PD of March 2005.
His/Her 485 gets approved with PD of Jan 2005. (may be a typo by CIS data entry person)
However at the time of approval, PD is current till June 2005. (he or she should have been approved anyway).
What would be the scenario? Thoughts? Any one????
In the scenario presented above, or where USCIS erroneously issued a GC when PD is not current, the obligation on the GC applicant's part is to report the error for appropriate resolution by USCIS. Even if the GC applicant (like my best friend who got his GC in 2008) is not aware of the detailed process, and is not tracking RD, PD, ND, the applicant still has an attorney who is representing the applicant. Also, filing the I-485, doesn't automatically guarantee the issuance of a GC (eg of withdrawing $100, expecting to get $100 but getting more than that amount - comparison is not apples to apples when talking about expecting GC after you file I-485).
In the end, when these situations occur it boils down to doing what is ethically and legally appropriate, within an appropriate response time frame.
-Nola
more...
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bluekayal
05-05 12:26 PM
Lets work as a group.
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eb3retro
11-09 01:49 PM
TheOmbudsman,
A number of IV members have complaint about your posts. We know that you have earlier posted on IV forums with the screen names �Communique� and �marlon2006�. If I remember correctly, your handle 'Communique' was banned but it was pretty clear that you were an anti-immigrant. I want you to read this post because in next 15 minutes, I will be putting a ban on your handle.
Immigration Voice forums are created for high skilled immigrants and their families. We contribute constructively to the society. Your hate mongering tone and disguising as 'someone waiting for green card' is pathetic example of how low you can go. I try to read forums everyday and I try to read each and every post. Each day I try to read your post to get more determined to continue to work on this very important issue. But now, I think its time for you to leave IV forums as your tone is again becoming offensive and your posts drive legitimate IV members away.
We are requesting you politely to please leave IV forums alone and do not bother IV members.
Thank you,
WaldenPond
I assume that this reply goes to anyone, who is doing this kind of mischief in this genuine forum.
A number of IV members have complaint about your posts. We know that you have earlier posted on IV forums with the screen names �Communique� and �marlon2006�. If I remember correctly, your handle 'Communique' was banned but it was pretty clear that you were an anti-immigrant. I want you to read this post because in next 15 minutes, I will be putting a ban on your handle.
Immigration Voice forums are created for high skilled immigrants and their families. We contribute constructively to the society. Your hate mongering tone and disguising as 'someone waiting for green card' is pathetic example of how low you can go. I try to read forums everyday and I try to read each and every post. Each day I try to read your post to get more determined to continue to work on this very important issue. But now, I think its time for you to leave IV forums as your tone is again becoming offensive and your posts drive legitimate IV members away.
We are requesting you politely to please leave IV forums alone and do not bother IV members.
Thank you,
WaldenPond
I assume that this reply goes to anyone, who is doing this kind of mischief in this genuine forum.
more...
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H4_losing_hope
02-27 06:26 PM
I sent my letter to the President, IV and my representative Lamar Smith. Thanks IV for initiating this drive!
Cheers for your efforts :)
Cheers for your efforts :)
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rogerdepena
02-12 05:52 PM
This story reflects what I am going through right now. H1b/H4 issues puts a strain in a couple's relationship. Don't really know when the camel's back will break--I hope it won't. Why do bad things happen to people that play by the rules? :(
more...
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bestin
10-19 09:21 PM
^^^^^^^^^^^^^^^^bump^^^^^^^^^^^^^^
Anyone else?
Anyone else?
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alex77
09-12 02:53 PM
Reform Immigration: While highly skilled immigrants have contributed in beneficial ways to our domestic technology industry, there are plenty of Americans who could be filling those positions given the proper training. Barack Obama is committed to investing in communities and people who have not had an opportunity to work and participate in the Internet economy as anything other than consumers. Most H-1B new arrivals, for example, have earned a bachelor’s degree or its equivalent abroad (42.5%). They are not all PhDs. We can and should produce more Americans with bachelor’s degrees that lead to jobs in technology. A report of the National Science Foundation (NSF) reveals that blacks, Hispanics, and Native Americans as a whole comprise more that 25% of the population but earn, as a whole, 16% of the bachelor degrees, 11% of the master’s degrees, and 5% of the doctorate degrees in science and engineering. We can do better than that and go a long way toward meeting industry’s need for skilled workers with Americans. That being said, we do not want to shut our doors to innovators from overseas, who have traditionally helped make America strong. Barack Obama supports comprehensive immigration reform that includes improvement in our visa programs, including our legal permanent resident visa programs and temporary programs including the H-1B program, to attract some of the world’s most talented people to America. We should allow immigrants who earn their degrees in the U.S. to stay, work, and become Americans over time. And we should examine our ability to increase the number of permanent visas we issue to foreign skilled workers. Obama will work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and would hold accountable employers who abuse the system and their workers.
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sareesh
05-25 01:04 PM
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MERCHANT CONTACT INFORMATION
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donations@immigrationvoice.org
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sunofeast_gc
02-13 01:33 AM
It�s so easy to say change of leadership....but as a member what you have done till now....
I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!
That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.
I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!
But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.
I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!
That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.
I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!
But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.
Macaca
09-14 02:05 PM
I have been thinking about whether to attend the rally or not from past few weeks.
Attending the rally would require me to take a day off. Finally today without thinking twice I just went to my manager asked if I can take day off on 9/18 instead compensate the work in the following saturday. It was approved and I am attending the rally on 9/18!
I am feeling so good now.
No one who, like me,
conjures up the
most evil of those
half-tamed demons that
inhabit the human beast, and
seeks to wrestle with them,
can expect to
come through the struggle
unscathed
Sigmund Freud
Attending the rally would require me to take a day off. Finally today without thinking twice I just went to my manager asked if I can take day off on 9/18 instead compensate the work in the following saturday. It was approved and I am attending the rally on 9/18!
I am feeling so good now.
No one who, like me,
conjures up the
most evil of those
half-tamed demons that
inhabit the human beast, and
seeks to wrestle with them,
can expect to
come through the struggle
unscathed
Sigmund Freud
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